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  1. #1
    Join Date
    Mar 2007
    Posts
    3

    Question Responsibility for a Burglary

    Hello I have a quetion on burglary. (This happend in California, OC area.)

    Here is what is going on. There was a group of people that where breaking into a building that was not a inhabited dwelling house or building. Two or so people stole items from the building, the rest did nothing but enter. What would the people that didn't take anything be looking at?

    Would they even be looking at burglary charges. Since it states in California Penal Code Section 459 :

    459. Every person who enters any house, room, apartment, tenement,
    shop, warehouse, store, mill, barn, stable, outhouse or other
    building, tent, vessel, as defined in Section 21 of the Harbors and
    Navigation Code, floating home, as defined in subdivision (d) of
    Section 18075.55 of the Health and Safety Code, railroad car, locked
    or sealed cargo container, whether or not mounted on a vehicle,
    trailer coach, as defined in Section 635 of the Vehicle Code, any
    house car, as defined in Section 362 of the Vehicle Code, inhabited
    camper, as defined in Section 243 of the Vehicle Code, vehicle as
    defined by the Vehicle Code, when the doors are locked, aircraft as
    defined by Section 21012 of the Public Utilities Code, or mine or any
    underground portion thereof, with intent to commit grand or petit
    larceny or any felony is guilty of burglary.
    As used in this
    chapter, "inhabited" means currently being used for dwelling
    purposes, whether occupied or not. A house, trailer, vessel designed
    for habitation, or portion of a building is currently being used for
    dwelling purposes if, at the time of the burglary, it was not
    occupied solely because a natural or other disaster caused the
    occupants to leave the premises.

    The people that didn't take anything had no intent to ether.

    Also the people that didn't steal anything, didn't encourage nor help in anyway to enter the building.

    Thanks so much for your time =)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Questions on burglary

    I suspect that you'll all be charged, on the theory that it was a joint enterprise with everybody involved responsible for the theft. How can you assert that the people who helped break into the building and apparently also entered it did not encourage or help those among them who stole? Get a good criminal defense lawyer to assist you.

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