Shoplifting, Larceny, Robbery, Theft caught shoplifting charged with burglery felony

[CdwJava]

What do you mean, you were charged with BURGLARY? Surely this is not correct, and since when is a $250 shoplifting a felony? I cannot imagine any law enforcement worth his or her salt making such an asinine and hugely ridiculous charge even if they are fresh out of the academy and a little unsure about the Penal Code.

In CA if you enter the premises with the INTENT to commit a felony or any theft, it is burglary. I am wagering that based upon statements made by the suspect, his possession of tools, or statements in conjunction with a lack of any ability to pay, that they believe that he entered with the intent to commit the theft.

In some counties there are diversion programs for first offender shoplifters. Most counties, however, have no such program. But, a local attorney can help him negotiate this and other possibilities to minimize the impact. A plea to trespassing is sometimes offered which lacks the "stain" of a crime of moral turpitude as a theft would be.

Do these people even know the definition of a burglary?

I suspect they do. THEY had all the facts (present at the time) to go on, you don't.

What I would like to know is what the two felonies were?

@helppls, what were the code sections on your booking/charging sheets? Burglary should be PC 459. What's the other one?

 

[CdwJava]

thank you sir, the person that caught us said we were arrested and charged with shopplifting, and later i see the paper in my hands saying we got 2 felonies, one being burglary and other being helping someone steal

Ah, so it was burglary AND Conspiracy?

PC 459 and PC 182?

You have to understand when you assist another person in committing a crime, in CA you are guilty of the SAME offense as a principal to that crime. If your pal entered with the intent to steal, then you can both be charged. Whether there is sufficient evidence to convict is another matter. And, in your case, you may be able to work out a deal that includes you rolling over on your friend ... but, that's a call you have to make.

 

[army judge]

Ah, so it was burglary AND Conspiracy?

PC 459 and PC 182?

You have to understand when you assist another person in committing a crime, in CA you are guilty of the SAME offense as a principal to that crime. If your pal entered with the intent to steal, then you can both be charged. Whether there is sufficient evidence to convict is another matter. And, in your case, you may be able to work out a deal that includes you rolling over on your friend ... but, that's a call you have to make.

Great advice, excellent responses.

I can only add that in many states, all actors are principles.

The OP is discovering that as he struggles with his legal problems.

 

[helppls]

Ah, so it was burglary AND Conspiracy?

PC 459 and PC 182?

You have to understand when you assist another person in committing a crime, in CA you are guilty of the SAME offense as a principal to that crime. If your pal entered with the intent to steal, then you can both be charged. Whether there is sufficient evidence to convict is another matter. And, in your case, you may be able to work out a deal that includes you rolling over on your friend ... but, that's a call you have to make.

yes these are the charges... we had no intent to steal when we entered... i have no idea how to prove this besides the fact that i brought in my wallet what else can i say... seems like this is a lose/lose situation
court date is in 8 hours from now... i could not go to bed for the past 3 weeks because of this stupid stupid stupid mistake i am so mad at myself man this is sooo stupid
thank you all for your help!... im just going to go in and plead not guilty and ask for a PD, if anything i will raise enough money to hire the private one that said he is sure he can get me out of this... if all else fails i have no idea what im going to do

 

[CdwJava]

yes these are the charges... we had no intent to steal when we entered... i have no idea how to prove this besides the fact that i brought in my wallet what else can i say... seems like this is a lose/lose situation

It's likely that someone said something that led them to believe you and/or your friend entered with the intent, or brought in tools/devices/accessories used to commit the thefts. Ultimately, the state has to prove the elements of the offense at trial. if they can't, you get acquitted. Though, more than likely if this is a first offense you'll have an option of diversion or a plea to a lesser offense - likely petty theft. It's not great, but it's better than felony burglary!

thank you all for your help!... im just going to go in and plead not guilty and ask for a PD, if anything i will raise enough money to hire the private one that said he is sure he can get me out of this... if all else fails i have no idea what im going to do

I suspect the private one said he can keep the BURGLARY off your record, and likely feels confident he can negotiate the two offenses down to a plea to petty theft/shoplifting. Maybe. But, if he gave you a guarantee, be very, very wary!

 

[shrinkmaster]

Just because "you" had your wallet does not mean they cant show intent. Did your friend have his wallet? did either of you have tools or use tools during theft? Was there an escape plan? did your friend say he intended to steal before entering store to LP or Police?

 

[mightymoose]

The CA threshold for felony theft is much higher than $250.00 so there must be more to this

For the burglary charge the dollar amount does not matter. The main issue is the suspect's intent when the building was entered.
I imagine the other felony is conspiracy.

 

[CdwJava]

For the burglary charge the dollar amount does not matter. The main issue is the suspect's intent when the building was entered.
I imagine the other felony is conspiracy.

It was - the OP admitted he was charged with 459 and 182. There's the two.

Some people not from CA get hung up on the dollar value.

 

[mightymoose]

HELPPLS:

What do you mean, you were charged with BURGLARY? Surely this is not correct, and since when is a $250 shoplifting a felony? I cannot imagine any law enforcement worth his or her salt making such an asinine and hugely ridiculous charge even if they are fresh out of the academy and a little unsure about the Penal Code.

In California the burglary (PC 459) statute could easily apply to this scenario.
I once arrested a parolee for burglary after he stole a $1.40 King Cobra beer from a quickie mart because I had probable cause to believe he entered the store with the intent to commit a theft. He got sent back to prison over that, but he had a lengthy rap sheet that played a part in his sentence.

 

[mightymoose]

A burglary charge could mean they used a tool or some other aspect not mentioned in original post

No tool necessary. It is entirely about intent to commit a theft or any felony at the time of entry. Entry can be as simple as walking through the open door.

 

[mightymoose]

In CA if you enter the premises with the INTENT to commit a felony or any theft, it is burglary. I am wagering that based upon statements made by the suspect, his possession of tools, or statements in conjunction with a lack of any ability to pay, that they believe that he entered with the intent to commit the theft.

In some counties there are diversion programs for first offender shoplifters. Most counties, however, have no such program. But, a local attorney can help him negotiate this and other possibilities to minimize the impact. A plea to trespassing is sometimes offered which lacks the "stain" of a crime of moral turpitude as a theft would be.


I suspect they do. THEY had all the facts (present at the time) to go on, you don't.

What I would like to know is what the two felonies were?

@helppls, what were the code sections on your booking/charging sheets? Burglary should be PC 459. What's the other one?

Well shoot. I guess I should read all the way through before I respond.

 

[army judge]

Well shoot. I guess I should read all the way through before I respond.

M2 and CDW J, you guys do an awesome job.
We sometimes differ, but its oh so slight.
In this thread, you've both been spot on.
The value has people confused about the crime of shoplifting, a relative of common law theft or larceny.

I think the OP was damaged or implicated by something his co-defendant said subsequent to his arrest.
He will learn it when discovery starts to flow, until then, he's speculating.

 

[mightymoose]

Regardless of the burglary, apparently they acted together and still have the conspiracy charge to overcome.
Assuming no priors I would expect this to plea as a misdemeanor theft and a dismissal on the conspiracy.
The end result will still sting pretty good.

 

[army judge]

Regardless of the burglary, apparently they acted together and still have the conspiracy charge to overcome.
Assuming no priors I would expect this to plea as a misdemeanor theft and a dismissal on the conspiracy.
The end result will still sting pretty good.

The Feds use or misuse (depending on your point of view) that conspiracy charge and have extremely successful conviction rates.
The irony of all this is, the value prop. Contrary to popular belief, crime pays well enough to keep some actors coming back, time after time.

In ths case, there was no value prop. I'll never understand why people engage in this one way ticket to ruin.

I understand better, a heat of passion crime, some hopped up hype, or a rage crime; not excusing, I better understand it.

I talk to high school kids at least monthly to help them understand why they need to obey the laws, get an education, and live a better life. Then a few weeks later, maybe months later, I see them head bowed in an orange jump suit, shocked because I'm still a minor at 17, or a Juvie bound over at age 14.

That's when they get it.

 

[disagreeable]

I think the court will find it just as laughable as I do that you walked into a store with your friend and out of the blue, for Shitzz n Giggles decided to steal over $250 worth of merchandise on a lark.

 

[CdwJava]

In California the burglary (PC 459) statute could easily apply to this scenario.
I once arrested a parolee for burglary after he stole a $1.40 King Cobra beer from a quickie mart because I had probable cause to believe he entered the store with the intent to commit a theft. He got sent back to prison over that, but he had a lengthy rap sheet that played a part in his sentence.

I got one better!

Guy on parole for auto theft, burglary and strong arm robbery (among others) goes with mom to Wal-Mart, takes a .99 cent Chapstick from the package, uses it, puts it back IN the package and slides it onto an unrelated shelf ... busted for PC 666 (back in 1996). Parole violation AND felony charge for theft with a prior.

 

[mightymoose]

Nice one.

I should have added that the parolee who stole the beer was found to have a full 24 ounce Budweiser in his van, but he didn't want it because it was warm and left over from the day before.
He didn't have any money so he helped himself to a cold one at the quickie mart. He didn't notice the deputy in the patrol car across the street who just happened to be there to see him come running out.