Can you be charged with felony burgulary if you steal beer? 5 Answers as of March 08, 2011

A friend was on parole and in a drunken stupor went into the store and stole a 10 pack of beer and is now being charged with felony burglary can they do this? Isn’t it a petty theft, and law says it must be above $400.00 to be a felony burglary?.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
burglary is entry with intent to commit ANY theft or other felony. Value of items is not relevant. Check penal code 459.
Answer Applies to: California
Replied: 3/8/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, it must be over $400 unless there were other circumstances that caused it to be a felony (e.g. use of a weapon.) Also, your friend's parole violation may be his biggest problem.
Answer Applies to: California
Replied: 3/7/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Can you be charged? Of course. Can you be convicted? Depends upon the facts, including priors and probation status. Its up to the DA what and how to charge. Its up to the defendant and his attorney to defend the case. He needs an attorney. If this is in SoCal courts, and if he is serious about hiring counsel, have him contact me.
Answer Applies to: California
Replied: 3/4/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Yes but no matter what they call the charge his parole agent can violate him. What a fool.
Answer Applies to: California
Replied: 3/4/2011
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