Robbery is using force or fear to take someone's property from the person's body or immediate possession.
Burglary is defined as unlawfully or lawfully entering a building with the specific intent to steal something or commit a felony. The state only has to prove intent and does not have to prove that you actually stole something or committed a felony.
California law separates burglary into two categories — first-degree burglary and second-degree burglary.
First-degree burglary is the burglary of any "inhabited dwelling" where people eat and sleep. The dwelling does not have to be occupied at the time of the break-in to be considered first-degree burglary. First-degree burglary is always a felony and counts as a "strike" under California's Three Strikes Law.
Second-degree burglary occurs in any other type of structure, most often a commercial business. Second-degree burglary may be prosecuted as a felony or as a misdemeanor depending upon a number of factors, including the type of structure entered and whether a person has a criminal record or is currently on probation.
California law separates theft into two categories — petty theft and grand theft.
In California, petty theft the unlawful taking of property valued at less than $950. There are a few different ways petty theft can be committed:
Petty theft does not have to be permanent. If you take property for a period of time long enough to deprive them of the use or value of the property you may be guilty of petty theft in California.
One of the most common ways petty theft is committed is through shoplifting. Shoplifting is a type of petty theft but is actually a separate criminal offense. Shoplifting is defined as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).”
Simply put, shoplifting occurs when you enter a store and intend to steal property worth no more than $950. You can be convicted of shoplifting even if you do not successfully leave the store with the property. The intent to commit the petty theft is sufficient.
Grand theft is the unlawful taking of another person's property which is valued in excess of $950.
Under certain circumstances, the value of the property that is unlawfully taken is not considered and the charge is almost always a felony. This type of grand theft includes:
Robbery, Burglary, Theft And Other Charges
Conviction of robbery, burglary, or theft can result in imprisonment, fines, probation and other consequences associated with a felony conviction. If you or someone you love has been arrested and charged with burglary or robbery, the most important step you can take is hiring an experienced criminal defense lawyer who has proven ability at both pretrial negotiations with prosecutors and courtroom litigation.
Angeli Fitch has established a record as a robbery, burglary, and theft lawyer who will go to trial when it is in a client's best interest, and who is also adept at negotiating with prosecutors for reduced charges or alternative sentencing when that proves to be the best resolution.
We have experience in both adult and juvenile courts. We assess the short- and long-term impact of any plea agreement before accepting it. We also emphasize clear communication with clients, explaining their options at every step and involving them in the decision-making process.
If you or someone you love faces robbery, burglary, or theft charges, don't wait to involve an experienced criminal defense lawyer. Call or email us to schedule a consultation.
SEND US A MESSAGE
Angeli R. Fitch
Fitch Law Office
201 Spear Street, Suite 1100
San Francisco, CA 94105
Fitch Law Office helps you understand the complexities of the legal system. We fight for your freedom and offer compassion during all stages in the process. Our focus is on providing "holistic criminal defense."
Thorough preparation and a fierce willingness to fight your battle in the courtroom is what is required to achieve justice in a criminal defense case. We're easy to talk to and remain involved in every step of the legal process.
Most importantly, we obtain favorable verdicts for our clients. Call us at 415-638-1092.
Providing aggressive representation
at every stage of the legal process,
from investigation to trial.