What is California PC459 and PC475(a)? 15 Answers as of November 16, 2010

What is California PC459 and PC475(a)? My friend is facing charges. He does not have a lawyer. We need help as soon as possible.

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Your friend needs an attorney. If he cannot afford one the court will appoint the Public Defender at his court appearance. It makes a big difference if these charges are misdemeanors or felonies and that will depend on the monetary amount in question.

PC459 is burglary which technically means entering a structure with the intent to commit a felony or theft. PC475 usually has to do with passing forged checks but can be for possessing other counterfeit items.
Answer Applies to: California
Replied: 11/16/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
PC 459 is burglary, which can be a felony or a misdemeanor if it involves a vehicle or a store.

If the case involves a house, residential burglary is always a felony and a strike under California's Three Strikes Law. It has a maximum penalty of six years in state prison, and any future felony sentences will be doubled after a conviction for residential burglary.

PC 475 is forgery, which can be a misdemeanor or a felony with a maximum penalty of three years in state prison.

These are serious charges, and you should contact a local criminal defense attorney as soon as possible.

If you have any other questions, please call my office.
Answer Applies to: California
Replied: 11/14/2010
Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
Penal Code section 459 is burglary. It is either a 1st degree (residence) or 2nd degree (non-residence). A PC 459 1st is a strike under the California Three Strikes law. A PC 459 2nd could be a misdemeanor or a felony. For a burglary in California one must enter a structure with the intent to commit a theft or other felony.

A PC 475(a) is generally the passing/ possession of counterfeit bills. Knowledge of the counterfeit nature is key.

What likely happened is there is an allegation that your friend entered a store and tried to purchase something with the counterfeit bill. I have done numerous case just like this.

Again, if your friend did not know the bill was counterfeit he will be in a better position. If he told the police (or anyone else) he knew it was counterfeit or acted nervous, etc when passing it, then he is in a worse position.
Answer Applies to: California
Replied: 11/13/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
PC 459 is burglary 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.

475 is forgery 475. (a) Every person who possesses or receives, with the intent to pass or facilitate the passage or utterance of any forged, altered, or counterfeit items, or completed items contained in subdivision (d) of Section 470 with intent to defraud, knowing the same to be forged, altered, or counterfeit, is guilty of forgery. (b) Every person who possesses any blank or unfinished check, note, bank bill, money order, or traveler's check, whether real or fictitious, with the intention of completing the same or the intention of facilitating the completion of the same, in order to defraud any person, is guilty of forgery. (c) Every person who possesses any completed check, money order, traveler's check, warrant or county order, whether real or fictitious, with the intent to utter or pass or facilitate the utterance or passage of the same, in order to defraud any person, is guilty of forgery.

Your friend is in deep doo doo. If he cannot afford a lawyer he should get the public defender. He certainly should not represent himself on charges as serious as these. What county is he charged in? If it is in the Bay Area I could help him. If elsewhere I can help him find a competent criminal lawyer. I have had 46 years of experience doing only criminal work. Check out my website.
Answer Applies to: California
Replied: 11/12/2010
Hale Law Group
Hale Law Group | Joshua D. Hale
Burglary and forging instruments. Tell your friend to call my office as soon as possible.
Answer Applies to: California
Replied: 10/11/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Burglary and forgery. He faces potential prison time on each if convicted. If serious about hiring an attorney feel free to contact me.
    Answer Applies to: California
    Replied: 10/11/2010
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Penal Code section 459 is burglary. It is the entry of any structure (from the second charge, I assume this was a commercial business, so it would be second degree burglary) with the intent to steal or commit a felony inside. It is a "wobbler" under California law, meaning it can be punished as either a felony or a misdemeanor. As a felony, it carries up to three years in state prison and as a misdemeanor, up to a year in county jail. The second charge - Penal Code section 475(a) is passing a forged instrument. This is typically in situations with a forged check. It is also a wobbler. Whoever this is needs a lawyer. If you cannot afford to hire one on your own, he can request the services of the public defender when he appears in court.
    Answer Applies to: California
    Replied: 10/9/2010
    The English Law Firm
    The English Law Firm | Robert English
    PC 459 is burglary. PC 475(a) is a false, counterfeit, altered or forged check. These are extremely serious matters and you need to speak to an attorney about the specifics of your case.
    Answer Applies to: California
    Replied: 10/9/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    PC 459 is burglary. PC 475 is possessing a false or altered document (i.e. check) with the intent to defraud. Both of these offenses can be charged as felonies or misdemeanors. Feel free to refer him to me for a free consultation.
    Answer Applies to: California
    Replied: 10/8/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Section 459 is burglary, and section 475 is passing a forged document or check. Yes he needs an attorney.
    Answer Applies to: California
    Replied: 10/8/2010
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    A Penal Code 459 is "entering a structure with the intent to commit a felony (or a petty theft) once inside".

    This is a serious charge as is Penal Code 475a is defined:

    (a) Every person who possesses or receives, with the intent to pass or facilitate the passage or utterance of any forged, altered, or counterfeit items, or completed items contained in subdivision (d) of Section 470 with intent to defraud, knowing the same to be forged, altered, or counterfeit, is guilty of forgery. Both of these are serious, life altering charges. Your friend needs a lawyer immediately. Feel free to telephone or email our offices.
    Answer Applies to: California
    Replied: 10/8/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    In short, burglary and fraud/counterfeiting. You can call me for a free consult to discuss further if you would like.
    Answer Applies to: California
    Replied: 10/8/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    PC 459 deals with Burglary, and PC 475(a) deals with Forgery. Yes, your friend needs to hire a lawyer ASAP.
    Answer Applies to: California
    Replied: 10/8/2010
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