Theft vs. Burglary

Theft vs. Burglary – Intent

• Theft: Requires the intent to deprive the owner of their property.
• Burglary: Requires the intent to commit theft or any felony upon entering a structure. The actual commission of theft or felony is not necessary to be charged with burglary; the intent alone suffices.

Theft vs. Burglary – Location

• Theft: Can occur anywhere—on the street, in a store, at a person’s home—without any requirement of entering a structure.
• Burglary: Specifically involves the act of entering a building or structure with criminal intent.

Theft vs. Burglary – Act

• Theft: Involves the physical taking of property.
• Burglary: Involves entering a building or structure. The theft or felony does not have to be carried out for a burglary charge to be filed.

Theft vs. Burglary – Legal Implications and Penalties

Theft Penalties

• Petty Theft: Typically charged as a misdemeanor, punishable by up to 6 months in county jail and/or a fine of up to $1,000.
• Grand Theft: Can be charged as either a misdemeanor or a felony. A misdemeanor grand theft conviction can result in up to 1 year in county jail, while a felony conviction can lead to 16 months, 2 years, or 3 years in state prison.
• Burglary Penalties
• First-Degree Burglary: Always charged as a felony, with penalties including 2, 4, or 6 years in state prison.
• Second-Degree Burglary: Can be charged as either a misdemeanor or a felony. A misdemeanor conviction can lead to up to 1 year in county jail, while a felony conviction can result in 16 months, 2 years, or 3 years in state prison.

Theft vs. Burglary – Common Defenses

Theft Defenses

• Lack of Intent: Arguing that the defendant did not intend to permanently deprive the owner of their property.
• Mistaken Identity: Asserting that the defendant was wrongly identified as the perpetrator.
• Consent: Claiming that the property was taken with the owner’s permission.
• Insufficient Evidence: Challenging the prosecution’s evidence to create reasonable doubt.
• Burglary Defenses
• Lack of Intent: Arguing that the defendant did not intend to commit theft or any felony upon entering the structure.
• Mistaken Identity: Asserting that the defendant was wrongly identified as the perpetrator.
• Legal Right to Enter: Claiming that the defendant had a legal right to enter the structure.
• Alibi: Providing evidence that the defendant was elsewhere when the crime occurred.

The Importance of Legal Representation

Given the serious implications of theft and burglary charges, it is essential to have experienced legal representation. David Canty, with over 20 years of experience in criminal defense, provides strategic and aggressive defense to protect your rights and freedom. His expertise in handling hundreds of cases ensures that you receive the best possible outcome.

Facing theft charges? Get the experienced legal defense you need. At the Law Office of David Canty, PC, we offer strategic representation for theft cases throughout Southern California. With over 20 years of criminal defense experience, David Canty is dedicated to protecting your rights and fighting for the best possible outcome in your case. 🌟 Don’t face these charges alone—contact us today for a confidential consultation and let us build a strong defense for you!