Fuller Law Firm
408-234-7563
79 Devine Street, Suite 100, San Jose, CA 95110
408-234-7563
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408-234-7563
Many people believe that theft and burglary are just different words that describe the same thing. While these actions both fall under the category of property crimes, there are important distinctions. A suspect can be charged with either or both crimes, and each carries its own penalties. If you are under investigation for or have been charged with these crimes, you need a competent Palo Alto, CA property crimes defense lawyer who will fight hard to achieve the best possible outcome for your case.
Sometimes, someone goes into a commercial building, residence, or another kind of structure with the intent to steal something or commit another crime. Breaking and entering the structure is often associated with burglary, but you could be arrested on a burglary charge without forcing your way in. Suspects can also be charged with either first- or second-degree burglary even if they do not follow through with their intent.
First-degree burglary charges involve entering a residence intending to commit further crimes and are always felony charges. Second-degree burglary can be either a misdemeanor or felony involving entering a structure other than a residence with criminal intent.
Theft, on the other hand, involves the act of intentionally taking someone else’s property without consent. If the allegedly stolen property is worth up to $950, the related charge should be petty theft, although some exceptions may apply. If the stolen property is a firearm, or the property was stolen directly from its owner by robbery or mugging, the charge can be elevated to grand theft.
In California, the penalties of a conviction vary, depending on the nature of the charges and the defendant’s criminal history. The sentences for the various charges include:
First-degree felony burglary: up to six years in a state prison
Second-degree felony burglary: up to three years in prison
Second-degree misdemeanor burglary: up to one year in a county jail
Felony grand theft: up to three years in prison
Misdemeanor grand theft: up to one year in a county jail
Petty theft of property worth over $50: a fine of up to $1,000 and up to six months in county jail
Petty theft of property worth under $50 could result in an infraction or misdemeanor charge and up to $250 in fines. In addition to the criminal penalties, a conviction can also affect future employment prospects.
Our goal is to help you obtain the best outcome possible with the least repercussions. We will investigate your charges and whenever possible, work to have your charges dropped. If you are eligible, we can work toward your admission into a diversion program or negotiate with the prosecution for a plea deal or less severe consequences. If necessary, we will vigorously defend you at trial. We believe you deserve a second chance and will do everything in our power to see you get it.
As a Santa Clara County native, our dedicated San Jose, CA theft defense attorney at Fuller Law Firm has deep ties to the community. We will advocate fiercely to protect your rights and help you navigate the complex legal system. Call 408-234-7563 or contact us online to arrange a free consultation.
408-234-7563From our office in San Jose, California, we serve clients throughout the Bay Area, including but not limited to Campbell, Los Gatos, Cupertino, Santa Clara, Sunnyvale, Gilroy, Morgan Hill, Los Altos, Palo Alto, Saratoga, Milpitas, Mountain View, Fremont, Stanford, Union City, and Santa Clara County.
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