Orange County Burglary, Robbery & Carjacking Charges

Under California law, burglary is considered the illegal entering of any building with the intent to commit any California felony or theft once inside.

Burglary can either be considered a first-degree or second-degree charge. First-degree charges are given to burglaries of residences, while second-degree charges are issues for burglaries of any other structure.

Although many people naturally associate burglary with stealing, this is not always the case. For example, a man who breaks into a woman’s home with the intent to rape or physically harm her may be charged with burglary since his intent was to commit a California felony once inside.

This is a crossover to petty theft and grand theft charges. If you enter a commercial property during normal business hours with the intent to steal property valued at $950 or less, you may be charged with shoplifting. This charge is often referred to as shoplifting, or petty theft; however, if the property value exceeded $95.00, it is referred to as commercial burglary, or grand theft.

Robbery is defined as the act of taking personal property away from someone against his or her will using force or intimidation. In order to be considered a robbery, the theft of personal property must have occurred in the owner’s immediate presence.

The victim does not have to actually own the property that is stolen during a robbery. For example, a man who robs a convenience store is robbing the cashier, even though he or she most likely does not own the property, he or she has constructive possession of it.

First-degree robbery involves the taking of personal property of any driver or passenger on public transportation, in an inhabited structure or someone who has just left an ATM. Second-degree robbery encompasses all other acts of taking someone else’s personal property against his or her will.

The California carjacking law states that an individual cannot take an automobile from another person using force, fear or intimidation. Force and fear can be defined as either inflicting actual harm on the victim or threatening to do so.

Regardless of the value of stolen property, theft crimes are serious matters in the eyes of the California law and Orange County courtrooms. Trust the criminal defense attorney team of theft attorneys with over 20 years of extensive trial experience to fiercely defend your rights and work to obtain the best outcome possible.