A commercial burglary is filed if the District Attorney’s Office believes that they can prove a person entered a building, such as a store, with the intent to commit a theft or any other felony (Penal Code Section 459-460(b)). Many of the big department and warehouse stores aggressively prosecute all shoplifters, even young children. Store security personal are also trained to arrest anyone they suspect is stealing, regardless of whether it was an oversight by the shopper.
A person can be charged with a petty or grand theft, and at the same time also be charged with a commercial burglary. This charge can be filed as a misdemeanor or as a felony as well, meaning the maximum exposure can vary from either a year in county jail, or up to several years in state prison depending on one’s criminal history.
Contact: Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.