Burglary

My question involves criminal law for the state of: California.



My little brother walked into a market and stole 2 gatorades.[put them in his backpack]

he was with a friend and he waited in line for his friend to buy whatever he bought. they proceeded outside and walked about half a block up the street.
a car pulled up and a man jumped out and grabbed my brother's backpack my brother pulled away the man then punched my brother in the face.[my brother being 16 at the time]was shocked and grabbed the mans arms and yelled at cars for help , my brothers friend then pushed the man off him . durring the struggle the stolen gatorades fell out of the backpack and the man grabbed one and threw it at my brother. my brother picked the stolen gatorade up and ran up the hill away from the confritation.

my mom has told me that he is being charged with burglary. can this be?:confused:

and advice on what to do?

More likely being charged with larceny - burglary implies that he didn't have permission to be in the store in the first place (like if it was after hours and the store was closed). However, if the person who confronted him was a store employee, or other person trying to affect a citizens arrest based on the larceny crime (shoplifting), then it's possible that the criminal charge could actually turn out to be strongarm robbery (because of the physical confrontation).

The "what to do" part: he needs an attorney.

Oh....and tell him to STOP stealing.

Quote:

---

Quoting aardvarc

---

More likely being charged with larceny - burglary implies that he didn't have permission to be in the store in the first place (like if it was after hours and the store was closed). However, if the person who confronted him was a store employee, or other person trying to affect a citizens arrest based on the larceny crime (shoplifting), then it's possible that the criminal charge could actually turn out to be strongarm robbery (because of the physical confrontation).

The "what to do" part: he needs an attorney.

Oh....and tell him to STOP stealing.

---

we cannot afford an attorney. =\

yea i let him know to stop stealing. he has stopped since that day been about 7 months.


but my brother had no clue who the man was , the man did not state what he was trying to do , for all my brother knew he was getting mugged?

Quote:

---

Quoting Socanthisbe

---

My little brother walked into a market and stole 2 gatorades.[put them in his backpack]

---

Oops! Bad idea.

Quote:

---

my mom has told me that he is being charged with burglary. can this be?

---

Yes it can. In California entering a business with the intent to commit the crime of theft is burglary in the 2nd degree. Chances are it will get pled down to petty theft shoplifting, but he will have to speak to an attorney about that.

Oh, and Aardvarc was right on about the robbery crime (which is a "strike" even as a minor) ... he could, theoretically, be charged for strong arm robbery (or the attempt). He is fortunate that he was not.

- Carl

Quote:

---

Quoting cdwjava

---

Oops! Bad idea.


Yes it can. In California entering a business with the intent to commit the crime of theft is burglary in the 2nd degree. Chances are it will get pled down to petty theft shoplifting, but he will have to speak to an attorney about that.

Oh, and Aardvarc was right on about the robbery crime (which is a "strike" even as a minor) ... he could, theoretically, be charged for strong arm robbery (or the attempt). He is fortunate that he was not.

- Carl

---

thanks for all the advice guy's/gal's

i hope my brother only gets pety theft cause thats it it was =\

i hope he learns his leasson also.


and hopefuly his pd can get the charge lowerd


*edit*
what if my brother didnt go in to steal something , just did? lol...