Sacramento Criminal Defense Lawyer Blog

Though the terms theft and burglary are sometimes used interchangeably in everyday conversation, they are distinct crimes as defined by the California Penal Code. Both are serious crimes that come with the potential for severe penalties.

California Penal Code section 484 defines theft as a taking of property. Theft crimes are divided into two categories: petty theft and grand theft.

• Petty theft is charged when the value of the property is $400 or less. Petty thefts can be charged as infractions or misdemeanors depending on the value of the property and the defendant's prior criminal record. Penalties for a conviction of petty theft include fines up to $1000, a jail sentence of up to six month, restitution, counseling, work project, and/or probation.
• Grand theft is charged when the value of the property is greater than $400. Grand thefts can be charged as either misdemeanors or felonies depending on the defendant's prior criminal record and the circumstances of the crime. Penalties for grand theft include substantial fines, jail time up to one year or prison time of longer duration, restitution, counseling, work project, and/or probation.

California Penal Code section 459 defines burglary as entering a building with the intention to commit a theft, or any felony. Burglaries are divided into two categories: first degree and second degree.

• First degree burglary is charged when someone enters an "inhabited" building, such as a house, apartment, or trailer. Conviction of first degree burglary carries a prison term of two, four, or six years.
• Second degree burglary is charged in all other instances, like when the "structure" is a store, warehouse, or vehicle. Second degree burglaries are wobblers, which means that the district attorney's office can charge them as either misdemeanors or felonies. Conviction of second degree misdemeanor burglary can result in a jail term of less than a year. Conviction of second degree felony burglary has the potential of up to three years in prison.

The key thing that distinguishes theft from burglary is that theft means that property was actually taken. Burglary, on the other, is concerned with entering a building with the intent to commit another crime. That means that burglary can be charged when someone goes into a house and steals money or actual property. It can also be charged when someone goes into a house and commits a sexual assault or other felony. And importantly, it can also be charged when no other crime is committed, as long as the defendant is believed to have had the intention to commit a theft or other felonious act. That means that a person could get the idea to steal something, enter a house, leave empty-handed after having second thoughts, and still be charged with burglary.

Obviously, the complicated nature of the Penal Codes pertaining to theft and burglary mean that representation by an experienced criminal defense lawyer is essential if you or someone you know is facing charges.