字幕表 動画を再生する 英語字幕をプリント -In Penal Code Section 459, California law defines burglary as entering a structure with the intent to commit either a theft or some felony inside. Now a lot of people confuse burglary with robbery and theft, and they're actually three very different concepts. Robbery is when you use violence or threats of violence to take something from somebody's immediate presence, like a mugging or a hold-up. Theft is basically anytime you steal something of value. Whereas burglary, on the other hand, is when you enter a structure-- and that could be a house, it could be a business, it could be a factory-- but entering a structure or a building with the intent to commit theft or a felony inside. -For example, a burglary, under California Penal Code 459, can be a situation where somebody breaks into a home with the intent to steal clothing items, jewelry, whatever else might be present. Another example of burglary can be going into a bank to cash a check that you know is bad. A different example of burglary can be a situation where a person goes to a child-care facility with the intent to commit assault on a child. Now that isn't theft, but you are going there with the intent to commit a felony, and therefore, it is burglary. -Under California Penal Code 459, merely entering a structure with the intent to commit a theft, or any felony, once you're inside constitutes a burglary. So really, entry is the crux of the crime here. For example, say you enter your neighbor's home with the intent to steal his computer. And when you're inside his home, you realize that you can't find the computer and it's not there. That still constitutes the burglary, because you entered the home to commit a theft of his computer once you were inside. So it doesn't even matter that you didn't actually complete the crime. Thus, entry is really the most important element of a burglary. -There's also a lot of confusion between burglary and the idea of breaking and entering. The fact is that in California law, breaking and entering is not an element of burglary. What that means, essentially, is that you could be convicted of burglary even if there was no forced entry. And to give you an example, suppose I'm walking down the street, and I look inside a house. And the front door is wide open, and inside the door is a bicycle that I want to steal. So I walk through that open front door, take the bicycle, and leave. Now in that situation, there was no forced entry. I didn't even have to open the door. I mean, even though the door was wide open, the mere fact that I entered the house or the structure with the intent to commit a theft inside is enough to make it a burglary. -Under California Penal Code 459, first degree residential burglary is treated much more seriously than commercial burglary. We treat our homes as our castle, and therefore, residential burglary has more harsh penalties. It's always a felony. It is always a strike. A person can face up to six years' incarceration as well as a $10,000 fine for this charge. A person will be liable for entry into any residence. It doesn't have to be a house in the traditional sense. It could be a hotel where a person is staying. Here in California, there was even a case where a person was liable for residential burglary for breaking into a tent where a homeless person was living. It was a structure. It had four sides. It had a roof. A person was living in there. That makes it residential burglary. -By contrast, California Penal Code 459 treats second degree burglary, otherwise known as commercial burglary, a little less severely. Commercial burglary is where you enter a business, or a factory, or someplace where you know no one resides. Here in California, commercial burglary is what's called a "wobbler," which means the prosecutor can choose to file it as either a felony or a misdemeanor, depending on the circumstances of the case. If you're convicted of felony commercial burglary in California, you face up to three years in state prison. However, if you're convicted of a misdemeanor commercial burglary, you only face up to one year in county jail. -Burglary is one of those crimes that can be surprisingly difficult for the prosecutor to prove in court. And in fact, lots of innocent people get wrongfully accused of burglary, and sometimes, tragically, wrongfully convicted. The good news is that here at Shouse Law Group, we've had a great record of success over the years in fighting burglary charges and helping our clients to get those charges reduced or even dismissed. -One common defense to burglary is what we call "after-acquired intent." What that means is that you did not have any intent to commit a theft, you did not have any intent to commit a felony, until after you were already inside the structure. For example, you walk into Bloomingdale's. You're just going to do some shopping. But you find this outfit, and you fall in love with this outfit, but you can't afford that outfit. And for some reason, spontaneously, you decide to steal it. So you walk out of the store with that outfit and without paying. Sure you're likely liable for a theft, but that is not a burglary. And it is not a burglary because when you walked into the store, you did not yet have any intent to steal. -Another common defense in a burglary case is misidentification. Mistaken eyewitness ID is the number-one reason for wrongful arrests and convictions across the United States. And it certainly results in a lot of innocent people getting arrested for burglary. It's very common that a burglary occurs in the vicinity, and you just happen to match the description that an eyewitness gives to the police, and you're arrested. Now it's a defense attorney's job to show the prosecutor, the court, and even possibly a jury that this is a case of mistaken identification and that you were not actually the perpetrator of this crime. -Another common defense to a burglary charge in California is what we call being merely present. What that means is you may be hanging out with some people who decide to commit a burglary of a home or a business. But it wasn't your idea, and you don't really participate. You were simply in the wrong place at the wrong time with the wrong company. And if that's the situation, you should not be held liable for burglary. Because ultimately, the prosecutor has to prove not only that you were present, but that you were in on it.
B2 中上級 米 刑法459条 -- 強盗 (Penal Code 459 -- Burglary) 17 1 Amy.Lin に公開 2021 年 01 月 14 日 シェア シェア 保存 報告 動画の中の単語