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Burglary Charge for Stealing From a Store

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  • 10-26-2011, 12:29 AM
    bigmistake86
    Burglary Charge for Stealing From a Store
    My question involves criminal law for the state of: California
    I got charged with a burglary charge PC 459 for stealing from target (value of $15). It was my first offense ever and I have a completely clean record. I believe they charged me with burglary bc they believe I came in with the intent to steal.. It was a HUGE mistake on my part. I know jail time is possible. but do you think they will put me in jail for this? The court would be in San Bernadino county... I do have a lawyer and she said she will try to get it reduce to a misdemeanor and no jail time, probably probation and a fine. Do you know if that would be possible or is she just saying that? Anyone have had past experienced with this or know about the court system in San Bernadino, please give me some advice. I am still soo scared and freaked out.
  • 10-26-2011, 12:35 AM
    quirkyquark
    Re: Advice. Pleasee
    Why do you think they thought you had "intent to steal"? Did you shoplift from that Target or others before?

    In general, yes, as a first offense this should be bargained down to a misdemeanor--probation/fine with no jail time.
  • 10-26-2011, 12:46 AM
    bigmistake86
    Re: Advice. Pleasee
    I stole the same item from the store 3 times before and they had me on camera (it's really really pathetic, i know). That brings me to ask another question. Would the court know of the previous items that I have stolen from the store even though in the police report I was only charged with stealing a value of $15?
  • 10-26-2011, 01:44 AM
    quirkyquark
    Re: Advice. Pleasee
    Quote:

    Quoting bigmistake86
    View Post
    I stole the same item from the store 3 times before and they had me on camera...Would the court know of the previous items that I have stolen from the store even though in the police report I was only charged with stealing a value of $15?

    That explains it. If you read the law you're charged with violating, the main element is INTENT before you enter the building -- the value of what you stole doesn't matter, heck, even if you don't steal anything it doesn't matter. You can be sure the court will "know" of the previous times as that is what the prosecutor will use to prove intent! Alternatively, you entered the store with something really obvious -- large coat, empty store bags, etc. is what they may (also) use.

    All that said, intent is typically difficult to prove in a case such as yours -- petty theft (shoplifting), no forcible entry, etc. The DA will usually cut a deal.

    Edit: I saw your original post. PLEASE DO NOT DOUBLE POST! It makes life harder for those of trying to help. Here you're saying it's 3 times, and there you said 5 times with a total of $150? What's the story?
  • 10-26-2011, 11:16 AM
    bigmistake86
    Re: Burglary Charge for Stealing From a Store
    Sorry that was a typo. It was five times before so total value of 150. The time I got caught was a value of 15. Thanks for the advice/input.

    Sorry that was a typo. It was five times before so total value of 150. The time I got caught was a value of 15. Thanks for the advice/input.
  • 10-26-2011, 06:12 PM
    PandorasBox
    Re: Burglary Charge for Stealing From a Store
    If you went into the store and shoplifted there multiple times....they see you as coming into the store this time with intent to steal again.

    And they have it on tape....yep, they have met the burden of proof....

    You are lucky they are not charging you with a separate charge for each incident.
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