if it was premeditated is it considered commercial burglary?
General Practice Lawyer
Burglary is always a felony. It occurs when someone enters a structure to commit a crime therein. $10 or $100000000. It makes no difference on the burglary charge.
If charged with burglary, you need a criminal defense attorney.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Get an attorney. This matter might be able to get resolved. Without knowing more, it will probably be filed as a misdemeanor , or reduced to that because of the low value involved.
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
It is a wobbler, likely to be filed as a misdemeanor. "Premeditated" in this context means that you entered the store with the intent to steal. If you didn't, it's just petty theft.
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Criminal Defense Attorney
A commercial burglary is a wobbler. Whether or not it is filed as a misdemeanor or felony is dependent on your prior record and the value of the items. Premeditation is not a legal consideration with regards to a commercial burglary.
I've had similar matters and have been able to resolve them as infractions, like a parking ticket. A great deal will depend on the facts, your record, the prosecutor and the courthouse. Some courthouses are tougher than others. If this is in the Lancaster courthouse, then it will be very tough to get an infraction. Good luck.
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Criminal Defense Attorney
The prosecutor can charge it as either a felony or a misdemeanor, but will probably go with a misdemeanor unless your criminal record pushes them toward a felony. This case MAY be a good candidate for settlement for an infraction due to the low value of the goods. Best to get an attorney, as your trying to do this yourself may end up doing more harm than good.
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Criminal Defense Attorney
As others have mentioned, a commercial burglary is a second degree burglary and is a wobbler. It could be charged as either a misdemeanor or a felony. The decision is in the hands of the prosecutor and they will consider the facts of the specific case and any other relevant factors (such as your criminal history). In this case, assuming it was a simple theft of a $10 item with few other factors and a clean criminal history, the odds are you're going to be charged with a misdemeanor.
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Like others said it is a wobbler, meaning it can be charged as a misdemeanor or felony. Whether it is charged as a felony depends on your prior record and the conduct from the offense and how egregious it was. If it was premeditated, that just means you had the intent to steal before entering the store but it could still be charged as a misdemeanor.