THEFTS AND BURGLARIES

Remember the government is building its case against you, right now, while you are reading this.  The best time to call a criminal defense attorney is Right Now. Click a link below to contact Nathan Dougherty.

PETIT THEFT

Any theft conviction is considered a “crime of dishonesty” and has far reaching implications, such difficulties finding employment and housing. If you ever have to testify in a civil or criminal trial, a crime of dishonesty can be used by to show that you are not honest and a judge or jury can use a theft conviction to weigh your credibility. Theft is an enhanceable offense, meaning if you are convicted of misdemeanor theft more than two times, the crime then becomes a felony of the 3rd degree and punishable by a maximum of 5 years in prison.

Petit Theft,  if the value of the stolen item is less than $100 is a 2nd degree misdemeanor punishable by a maximum of 60 days in jail, 6 months probation, or a combination of the two.   If the value is between $100 and $750 the Petit Theft becomes a 1st degree misdemeanor punishable by a maximum of 364 days in the county jail, 12 months probation, or a combination of the two. 

GRAND THEFT

Grand theft, occurs when the value of the item is valued at over $750. It is a 3rd degree felony punishable by a maximum of 5 years in prison, fines, and restitution.

BURGLARY

Burglary is considered a violent crime and will trigger certain penalties that can qualify you to receive a harsher sentence, and prevent you from being offered probation. A burglary is an illegal entrance into a conveyance, structure, or dwelling, with the intent to commit a crime while inside, such as a theft or criminal mischief. If there is no intent to commit a crime, the burglary is actually just a Trespass. There are 4 types of Burglaries discussed below:

Burglary of a Conveyance

Burglary of a conveyance happens when someone enters a car, truck, trailer, boat, or railway car with the intent to commit a crime while inside. It is a 3rd degree felony punishable by a maximum of 5 years in prison, 5 years probation, or a combination of the two, additional punishments can also include fines, restitution, and classes.

Burglary of a Structure

Burglary of a Structure occurs when someone enters a building other than a dwelling, with the intent to commit a crime while inside. Burglary of an un-occupied structure is a 3rd degree felony punishable by a maximum of 5 years prison, 5 years probation, or a combination of the two, additional punishments can also include fines, restitution, and classes. Burglary of an occupied structure is a 2nd degree felony punishable by a maximum of 15 years in Prison, 15 years probation, or a combination of the two, additional punishments can also include fines, restitution, and classes.

Burglary of a Dwelling

Burglary of a dwelling occurs when someone enters a dwelling, with the intent to commit a crime while inside. Burglary of an un-occupied dwelling is a 2nd degree felony punishable by a maximum of 15 years prison, probation, or a combination of the two, additional punishments can also include fines, restitution. 

Burglary Battery

Burglary Battery is a PBL crime (punishable by Life in Prison). This crime occurs when any of the burglaries mentioned above include a battery. This may seem like an easy offense to figure out, but lets take a closer look. Sally sees her boyfriend drive by with another girl in the car, and gets very angry naturally. She follows the boyfriend to McDonalds where he is sitting in the car with the window down. Sally walks up to the car and slaps the boyfriend in the face.  Sally can receive a Life in Prison sentence, because her arm entered a conveyance (car) to commit the crime of battery (slap), thus we have a Burglary Battery and it is punishable by Life in Prison.

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