Thursday, September 17, 2015

Hiding Behind the Police Station Is a Bad Idea

Sometimes there just isn't a good place to hide nearby. Three men found that out when they ran to the back of a police station  after they are believed to have burglarized a nearby retail store in Athens, Georgia.   

Needless to say, when the k-9 officers at the police station began barking at 3 a.m. because they observed the suspects nearby, this alerted the human officers to investigate.  They quickly caught one of the masked bandits. After the first suspect was caught, two other suspects were soon caught nearby, according to an AP news report of this incident. 

Second-Degree Burglary in California

In California, taking items from a commercial retail store when the store is not open is usually considered a second degree burglary under Penal Code section 459.  Second degree burglary can be charged as either a felony or a misdemeanor by the prosecutor; thus, it is considered a wobbler.  If it is charged as a misdemeanor, the penalty can be up to one year in county jail.  But if it is charged as a felony, the penalty can be 16 months, 2 years or 3 years in state prison.  Additionally, the court can add up to a $1,000 fine for a misdemeanor offense and up to $10,000 for a felony offense.  If the burglary also involves a theft of over $400.00, the state will charge the burglary as a  felony. Because commercial burglary is not a strike, a person convicted of this offense will be allowed to serve just 50 percent of any prison sentence. 

 Copyright © 2015 Christine Esser

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established with a retainer. 

  

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