Legal Question in Criminal Law in California
If someone is charged with first degree burglary can they also charge them with possetion of stolen property if that property is from that residence
Asked on 5/12/11, 6:01 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
They are two different offenses. The offense of burglary is complete at the moment one enters the property with the intent to commit larceny (stealing) and proof of larceny is not required to convict the accused burglar. Conversely, the offense of possessing stolen property does not require proof that the defendant committed a burglary or a larceny.
Answered on 5/12/11, 6:10 pm
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