How is burglary committed?
Burglary involves breaking and entering a structure intending to commit grand or petty larceny. Burglary is committed by entering a structure that is locked or used for dwelling purposes even if occupied or unoccupied to take property belonging to another without the consent or knowledge of the owner.
How is burglary penalized?
Burglary may be penalized as a misdemeanor or a felony. Circumstances such as past convictions of the accused and the manner of commission of the burglary determine how the burglary will be charged and penalized.
What examples of structures are enumerated in the law as sites for the commission of burglary?
Houses, rooms, apartments, tenements, shops, warehouse, stores, mills, barns, stables, outhouses or other building, tents, vessels, floating home, railroad car, locked or sealed cargo container, vehicle, trailer coach, house car, camper, or aircraft.
What is first degree burglary?
A burglary committed in a dwelling house or vessel used for dwelling is first degree burglary. A camper, recreational vehicle, trailer, caravan or van, if it is inhabited or designed as a home or a place to live in falls under the definition of “inhabited dwelling house”. All other burglaries are second degree burglary.
Burglary in the first degree is penalized by imprisonment in state prison while second degree burglary is penalized by imprisonment in county jail.
Is probation available to a person convicted of burglary?
Yes, probation may be granted to a person convicted of burglary. Under 462.5 of the California Penal Code, probation shall not be granted to any person convicted of burglary of a custodial institution. This means that a person who burgled a jail or any institution dedicated to the custody of prisoners cannot avail of probation.
What circumstances will make a burglary a felony?
A burglary will be penalized as a felony when the burglar enters any building and opens or attempts to open any vault, safe o other secure place using an acetylene torch or electric arc, burning bar, thermal lance, oxygen lance or other similar devices. The burglary will also be penalized as a felony when the burglar attempts to use or uses a device capable of burning through steel, concrete using dynamite, nitroglycerine, gunpowder or other explosive.
Is shoplifting a kind of burglary?
Shoplifting is entering a commercial establishment while it is open during business hours to commit larceny. The value of the thing or things taken must not exceed $950. It is not a kind of burglary but a separate and distinct crime. When a person has been charged with shoplifting, the person cannot be charged with burglary or theft of the same property.
What is looting?
Looting is breaking and entering a store or commercial establishment to commit grand or petty larceny during a state of emergency or local emergency such as an earthquake, fire, flood, riot or other natural or manmade disaster.
A state of emergency is any condition or situation of magnitude that is beyond the control of the services, personnel, equipment and facilities of any single county, city and country and which will require the combined forces to render mutual aid to combat. There must be a proclamation of a state of emergency.
A local emergency is a condition or situation of magnitude that may be beyond the control of the services, personnel, equipment, and facilities of a single county, city and county, or city and which will require the combined forces to render mutual aid to combat. There must be a proclamation of a state of local emergency.
What other charges related to burglary can a person be charged with?
Using picklocks or other tools or instruments
Under 466 of the California Penal Code, a person who possesses a picklock, crow, key bit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slide hammer, slim jim, tension bar, lock pick gun, tubular pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces or other instruments or tools which may be used to break or enter into any building or structure, or use those instruments to open or alter the lock of any structure.
Selling picklocks or other tools or instruments
Under 466.1 of the California Penal code, a person who knowingly and willfully sells or provides a lock pick, etc. without obtaining the name, address, telephone number, date of birth or driver’s license of the purchaser of the instrument will be penalized with a misdemeanor.
Using picklocks or other tools or instruments
Under 466.3, using a picklock or other tool or instrument, explosive, device to break into , tamper with or damage a coin-operated machine with intent to commit a theft from such machine is also penalized.
A coin-operated machine refers to any automatic vending machine such as a parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine or vending machine dispensing goods or services or moneychanger.
Using motor vehicle master key or motor vehicle wheel lock
Under 466.5, any person who uses a motor vehicle master key or motor vehicle wheel lock to commit an unlawful act will be penalized. A motor vehicle master key is a key which can operate all the locks or ignition switches of a group of motor vehicles. A motor vehicle wheel lock is a device attached to a motor vehicle wheel for protection against theft. A motor vehicle wheel lock master key is a key unit which can operate wheel locks.
Selling motor vehicle master keys
Under 466.7 of the California Penal code, every person who possesses, gives or lends any device to bypass factory-installed ignition of a motorcycle with the intent to unlawfully take or drive a motorcycle without the consent of the owner is guilty of a misdemeanor.
Possession of a code-grabbing device
Under 466.9 of the California Penal Code, any person who possesses and uses a code-grabbing device to disarm a security alarm system of a motor vehicle to use the device in the commission of an unlawful act shall be guilty of a misdemeanor.
Selling a sniper scope
A sniper scope is any attachment, device designed or adapted for use on a firearm by using a projected infrared light source to enable the operator to visually determine and locate the presence of objects at nighttime.
Under 468 of the California Penal Code, knowingly buying, selling, receiving, disposing of or concealing a sniper scope is guilty of a misdemeanor.
Are you facing charges for burglary, shoplifting or looting? Do you want to speak to a legal professional who can give you legal advice? Call and speak with any of the experienced lawyers from Ramiro J. Lluis Law Office.
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