Our local police department listed the following crimes as commercial burglaries. All three of them sound like theft to me. Are they being charged as burglaries to give the prosecutor leverage with a plea-agreement, and make the offenses sound worse? Or am I missing something here?
Commercial burglary: 4800 block of Pacific Coast Highway. A coin slot in a vending machine was damaged. Coins were reported stolen.
Commercial burglary: 3500 block of Carson Street. A lock was cut off a locker. A cell-phone was reported stolen
Commercial burglary: 5500 block 190th St. A lock was cut to access a carport locker
Criminal Defense Attorney
The key in each one of the examples given is the entry with the intent to steal and not necessarily the amount involved.
OSCAR E. TOSCANO
Los Angeles Criminal Defense Lawyer
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Criminal Defense Attorney
These all qualify as 2nd degree burglaries if it can be proven that the person had the specific intent to commit a felony prior to entering the structure. Since the properties were not residences, which would be charge as 1st degree burglaries, then the crimes can be charged as second degree burglaries.
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