There are multiple kinds of theft regularly prosecuted in California. People may face charges for muggings and robberies. The state prosecutes shoplifting and various forms of fraud as well.
People may also face charges related to burglary. Frequently, people misunderstand when they are at risk of burglary charges.
Burglary is not necessarily a form of theft
Defendants accused of burglary or theft crimes need to understand the distinction between these two types of charges. Burglary involves unlawful entry or access to a property. A person accused of burglary may not have had any intent to steal.
While burglary is often a theft-related crime, people can commit burglary with the intent to engage in different criminal acts. California defines burglary as unlawfully entering property or remaining at a property when they are aware they should not be there anymore.
People can face burglary charges for kicking in a door or breaking a window to enter a residence or business facility. They can also face burglary charges if they hide in a business to gain access after workers leave for the day.
The state does not need to prove that the person accused of burglary stole anything, although attempts to remove property or money from the targeted property could lead to theft charges in addition to burglary charges. Anyone accused of theft and other property crimes could face jail time, large fines and even orders of restitution.
Discussing what led to burglary charges with a criminal defense attorney can help defendants understand the allegations against them and begin developing a strategy to respond in court. Whether burglary involves secondary theft charges or not, it is a serious crime that may produce a permanent criminal record without an assertive defense.
