These types of crimes are relatively self-explanatory: stealing. The District Attorney will file charges against a person for petty or grand theft if that person takes someone else's property without their consent, and intends to keep it permanently (Penal Code Section 484(a)-488, or Penal Code Section 487(a)). These charges can be filed as misdemeanors or as felonies depending on the value of the items stolen ($400 is the breaking point), and whether or not the person has a prior theft conviction (Penal Code Section 666). If filed as a misdemeanor, the maximum sentence is up to six months in county jail. If the accused has a prior theft conviction, the maximum penalty is increased, and the charges can be filed as a misdemeanor or as a felony. If filed as a felony, the maximum sentence is several years in state prison.

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)). 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.

Contact Kevin A. Hogle, Esq., to discuss your particular case. Kevin Hogle 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.