Other Criminal Charges & Offenses What Are The Criminal Charges / Offenses Here:

[PR660]

Jurisdiction

California

1) Suspect is hired to enter home through unlocked rear entry door with the intent of photographing / or swapping out a set of documents.

2) Inhabitant of the home discovers the intruder and tries to defend the documents.

3) Suspect wrestles the inhabitant to get the documents, and her head hits the armoire during the scuffle - she passes out.

4) Candles on the table had fallen during the scuffle and a fire grows, soon engulfing the room.

5) Accomplice (in the awaiting vehicle), who hired the suspect, comes into the burning room, and relocates the victim out of harm's way.

6) Victim suffers smoke inhalation, burns, and is hospitalized for a month in comatose state.

Thanks very much for your help!

 

[Foamback]

A whole bunch

 

[zddoodah]

Suspect is hired to enter home through unlocked rear entry door with the intent of photographing / or swapping out a set of documents.

Hired by whom? For what purpose? What documents?

Inhabitant of the home discovers the intruder and tries to defend the documents.

Defend them from what? Defend them in what manner?

Suspect wrestles the inhabitant to get the documents, and her head hits the armoire during the scuffle - she passes out.

Is the antecedent of "her" the "suspect" or the "inhabitant"?

This sounds a LOT like homework or a law school exam hypothetical. Is it? If not, why are you asking?

 

[army judge]

1) Suspect is hired to enter home through unlocked rear entry door with the intent of photographing / or swapping out a set of documents.

2) Inhabitant of the home discovers the intruder and tries to defend the documents.

3) Suspect wrestles the inhabitant to get the documents, and her head hits the armoire during the scuffle - she passes out.

4) Candles on the table had fallen during the scuffle and a fire grows, soon engulfing the room.

5) Accomplice (in the awaiting vehicle), who hired the suspect, comes into the burning room, and relocates the victim out of harm's way.

6) Victim suffers smoke inhalation, burns, and is hospitalized for a month in comatose state.

Thanks very much for your help!

Why would YOU ever agree to commit BURGLARY?

The best thing you can do for yourself is avail yourself of your Fifth Amendment privilege TO SHUT YOUR YAPPER, and speak about this insanity to the defense attorney you hire, or the one the court appoints to represent you.

Otherwise, stop YAPPING.

Is burglary a felony or a misdemeanor in California?​

First-degree burglary (which is burglary of a residence) is always a felony in California.

Second-degree burglary (which pertains to any non-inhabited structures) is a wobbler, meaning it can be charged as either a misdemeanor or a felony.

Burglary offenseCalifornia penalties
1st-degree burglary:
Burglary of a residence
felony: 2, 4, or 6 years prison
2nd-degree burglary:
Burglary of a non-residence ("commercial burglary")
Auto-burglary
misdemeanor: 1 year in jail
or

felony: 16 months, 2 years, or 3 years in jail.1

1. What is burglary per California Penal Code 459?

Penal Code 459 PC says that a burglary is committed when:

1. the defendant enters either a building, room within a building, locked vehicle, or structure,
2. at the time of entering that building, room, vehicle, or structure, he intended to commit either a felony or a theft, and
3. one or more of the following three things is true:

• the value of the property that the defendant stole or intended to steal was more than $950,
• the structure that the defendant entered was not a commercial establishment, or
• the structure that the defendant entered was a commercial establishment, but the defendant entered it outside of business hours.2

Please note that an accused is guilty of burglary when he enters a structure intending to commit a felony or theft offense. There is no requirement that he actually succeeds in committing that felony or theft.

2. What is first-degree burglary under California law?

California criminal law says that first-degree burglary is burglary of a residence. "Residences" here may include any of the following:

• a house,
• an inhabited boat,
• an inhabited trailer, and/or
• an inhabited motel or hotel room.3

First-degree burglary is always charged as a felony in California. See our article on the difference between residential and commercial burglary in California.

Some examples of first-degree burglary are:

• John enters his neighbor's home with the intent to kidnap the owner.
• Michelle climbs aboard her ex-boyfriend's floating home with the intent to willfully commit the crime of arson.
• Phillipe breaks into a woman's hotel room with the intent to commit rape.

The crime is punishable by imprisonment in the California state prison for:

• two years,
• four years, or
• six years.

3. What is second-degree burglary under California law?

California criminal law says that second-degree burglary is the burglary of any structure other than a residence.5

The crime is a wobbler offense in California, meaning it can be charged as either a felony or a misdemeanor depending on:

• the facts of a given case, and
• the defendant's criminal history.6

If charged as a felony, the offense is punishable by imprisonment in the county jail for:

• 16 months,
• two years, or
• three years.7

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.8

4. Are there legal defenses to burglary charges?

No matter if the burglary charges are filed as a felony or a misdemeanor, a defendant can raise a legal defense to challenge the charge.

A strong defense can work to reduce a charge or dismiss it altogether. Please note that an experienced criminal defense attorney will know the best defense to raise on a person's behalf.

There are three common burglary defenses that lawyers often raise. These are:

1. while the defendant may have entered a home or building, he did not have the intent to commit a crime,
2. if the defendant stole items inside a home or building, they were not over $950 in value, and
3. the defendant was arrested without probable cause.

What about the California crime of theft?

Theft is a different crime than burglary under California criminal law. People commit the offense when they wrongfully take or steal someone else's property when the property's value is $950.00 or less.12

Petty theft is a misdemeanor punishable by probation, fines, restitution, and up to 6 months in county jail.

Is burglary a felony or a misdemeanor in California?

First-degree burglary (which is burglary of a residence) is always a felony in California. Second-degree burglary (which pertains to any non-inhabited structures) is a wobbler, meaning it can be charged as either a misdemeanor or a felony. Burglary offense California penalties 1st-degree...

www.shouselaw.com

 

[welkin]

Too bizarre to sound logical or real. Sounds like homework or OP is a trolling. But for the fun of it, who hired the suspect and who is in the car?

 

[PR660]

Too bizarre to sound logical or real. Sounds like homework or OP is a trolling. But for the fun of it, who hired the suspect and who is in the car?

Thx. The guy waiting in the car is the guy who hired the suspect...

 

[adjusterjack]

What is the relationship of the guy in the car to the occupant of the home?

 

[zddoodah]

Please answer the questions I asked in my prior response.

 

[PR660]

What is the relationship of the guy in the car to the occupant of the home?

Occupant of the home is a work subordinate of the guy in the car.

 

[PR660]

1) Hired by whom? For what purpose? What documents?




2) Defend them from what? Defend them in what manner?




3) Is the antecedent of "her" the "suspect" or the "inhabitant"?

4) This sounds a LOT like homework or a law school exam hypothetical. Is it? If not, why are you asking?

1) Hired by the guy in the car / to gain an advantage / proprietary information.
2) Defend from being taken or photographed / by possessing the attache case on body-in hand.
3)The inhabitant.
4) Exam hypothetical

 

[justblue]

1) Hired by the guy in the car / to gain an advantage / proprietary information.
2) Defend from being taken or photographed / by possessing the attache case on body-in hand.
3)The inhabitant.
4) Exam hypothetical

We do neither hypotheticals nor homework.

 

[adjusterjack]

We do neither hypotheticals nor homework.

Rightr.

Thread locked.