Articles Posted in Burglary

If you are convicted of auto burglary in the state of California, you could be sentenced to up to three years in jail. With such serious consequences looming, you need an experienced California criminal defense attorney to protect your legal rights. To convict you, the state’s prosecutor must prove every element of the crime of auto theft beyond on a reasonable doubt. This is a significant challenge because auto theft is what is known as a “specific intent” crime. The purpose of this article is to explain the crime auto theft, the doctrine of specific intent, and the legal defenses potentially available to those charged with auto burglary. If you have been charged with auto burglary, contact an experienced California criminal defense attorney to mount the strongest possible legal defense against the state’s efforts to deprive you of your freedom.

Auto Burglary is a Specific Intent Crime

Every crime has a specific legal definition. For example, the common law crime of battery is a harmful or offensive touching of another person without consent. When you are charged with a crime, you become a defendant and the state, as plaintiff, must prove every element of the crime beyond a reasonable doubt.  The words “beyond a reasonable” doubt represent the burden of proof – a burden that the state is responsible for meeting. The words comprising the definition of the crime can be separated out into elements, all of which the state must prove. So, in the battery example, the state must prove that you touched another person, that the touching was either harmful or offensive, and that the person did not consent to the touching.  

If you have been charged with burglary in the state of California, it is important that you get in touch with a skilled and experienced California criminal defense attorney. If you are convicted, you will face jail time, fines, reputational damage, and other consequences. To convict you, the state’s prosecutor will have to prove each element of the crime of burglary beyond a reasonable doubt. A skilled attorney will explore every avenue with regard to reasonable doubt and mount the strongest possible defense on your behalf. The purpose of this article is to explain the elements of the crime of burglary and the nature of reasonable doubt.

Penal Code 459 PC Defines Burglary in the State of California

Burglary is one of the oldest crimes in the world. In the U.S., each state has a different statute defining the crime. In California, Penal Code 459 PC is the law that provides the state’s definition of burglary. It defines burglary as “entering a room, structure, or locked vehicle with the intent to commit a felony therein.” Under this definition the crime of burglary has two sides:

CNN San Diego reported that things aren’t looking good for Tom Greer, an 80-year-old man who sealed his own fate when two individuals tried to rob him. The two burglars, later identified to be 26-year-old Gus Adams and 28-year-old Andrea Miller, broke into his home in Long Beach, CA. When Greer approached the pair of robbers – who were trying to get into his safe -they quickly began assaulting him. They threw the old man onto the ground, immediately fracturing his collarbone, but he wasn’t down for the count yet. While the thieves continued their effort to open the safe, Greer took advantage of their distraction and grabbed his .22 caliber Smith & Wesson revolver. The pair, Miller and Adams, ran out of the house as soon as they saw the elderly man was armed and packing some heat. You’d think a homeowner would be happy when they were able to drive criminals away and still have mostly everything in tact, but not Tom Greer. He followed them outside and everywhere they went, leading to a nearby alleyway – where he shot his .22 caliber at Miller; hitting her in the back. Adams had already ran off out if site, but Miller was in trouble. She was a bloody mess on the ground and when Greer approached her, she begged for her life and even claimed to be pregnant; he shot her anyway. Adams was later found and taken into custody on suspicion of murder for taking part in a crime leading to Miller’s death, and Greer is merely in custody awaiting charges. Speculation leans more towards Greer getting charged for second-degree murder because his actions weren’t premeditated but left the realm of self-defense.

Sources:
“Sould 80-year-old Homeowner Be Charged With Murder?” – CNN San Diego

Earlier this week thieves targeted two schools in the San Diego Unified School District, Lewis Middle School and Patrick Henry High School. At first, for some reason, it was thought the two burglaries at the schools were unassociated coincidences, but later determined to be two consecutive crimes by the same culprit(s). The robberies weren’t well planned as apparent by the lack of knowledge on what was exactly in the middle school classroom; a window was smashed in, but nothing was missing. Under an hour later, the high school was targeted and yet another window was busted in. This time, however, the thieves got lucky; 38 iPads were hiding away in the classroom they chose to break into. They escaped with 38 iPads the students presumably used for learning purposes in that particular class. Fortunately, a handful of night patrol officers came across two of the thieves, eventually leading to the arrest of five people; three adults and two juveniles. The names and ages of the suspects have yet to be released.

Sources:
“Police Recover Stolen iPads, Make Arrests” – UT San Diego

Crime Spike.jpgEscondido police warn citizens of Escondido and all San Diego citizens of the summer crime spike. Police aren’t exactly sure what brings up crime during the summer but there are several theories on how and why it rises. One is that during the long warm summer days many people keep windows and doors open even when leaving the house. Inviting burglars and thefts to come in with little effort. Another is that because school is out, meaning that more students have idle time and nothing to do.

Whatever the cause may be you need to be aware of the potential dangers and be prepared to protect yourself and family. Escondido Police urge people to call in 911 reports of any suspicious activity or if you witness a crime in progress. Lt. Craig Carter of Escondido police stated, “You can get involved to whatever extent you want, just get involved.” Taking an active role in your community helps to prevent crime, and make neighborhoods safer and more desirable place to live.

Many of the crimes consist of property theft of items valued under $400 dollars as well as car thefts. Many of these crimes are opportunity crimes only happen because windows, doors, and garages were left open while no one was home. One good way to deter small petty thefts is to remember to close and lock all doors, and windows to your house and car when leaving them unintended.

Eighteen year old Jugo Elmer Garcia, an illegal immigrant, was arrested Wednesday night on suspicion of armed robbery, rape and carjacking on East Valley Parkway in Escondido.

The first part of Mr. Garcia’s crime spree started at 1690 East Valley Parkway where he assaulted and robbed a lone store clerk in a small strip mall. Mr. Garcia held her at gun point and raped her and then proceeded to take several items from the store along with the store clerk’s vehicle, a 2000 Ford Expedition. The Police call came in at 5:07 p.m confirmed by Lt. Mark Wrisley.

Mr. Garcia returned several hours later to a nearby location where he tried to commit another series of crimes. He attempted to rob another woman, however, she was able to quickly run to a near-by gas station and call 911.

images.jpgActor, Shelley Malil, appeared Wednesday in a Vista courtroom for trial on charges of attempted murder, assault with a deadly weapon and burglary. Many of you may remember Shelley Malil and his role in the hit 2005 comedy, “The 40-Year-Old Virgin”, but he has also appeared in a Super Bowl beer commercial as well as numerous television programs. In August 2008, he allegedly assaulted Kendra Beebe allegedly fueled by rage and jealously. Mr. Malil pleaded not guilty to all three charges-attempted murder, assault with a deadly weapon, and burglary-against him.

Mr. Malil faces a potential life sentence in prison because the prosecution, Deputy District Attorney Watanabe, says that the attack was planned out (premeditated) by Mr. Malil. Evidence supprotingg the prosecutions’ theory is the alleged bringinga knife from his apartment to Ms. Beebe’s home and then breaking in and assaulting her. Mr. Malil allegedly ‘surprised’ Ms. Beebe on her back patio while she was having a drink with one of her friends. It was at this time when Mr. Malil started his attack stabbing Ms. Bebee several times.

Ms. Beebe’s friend stated that he was able to wrestle the knife away from Mr. Malil but then left to go get help. But while he was gone, Mr. Malil allegedly grabbed another knife, according to prosecution attorney Watanabe, and continued the violent stabbing of Ms. Beebe. Finally, the attack ended when her next door neighbor responded to an array of screams. It is alleged that Ms. Kendra Beebe suffered at least 23 stab wounds several of which were life threatening, one of which was within an eight of an inch of her carotid artery.

Fire.jpgNicholas Figueroa, an 18 year old Vista resident, was arrested in Vista for Arson charges. He was arrested in the 500 block of East Vista Way by San Diego Sheriff patrol deputies. According to the Sheriff’s Department, the arson Mr. Figueroa committed occurred on Saturday at the South Santa Fe Car Wash on 980 S. Santa Fe. At first, there wasn’t any suspect information until investigators had gathered video surveillance from local surrounding businesses, enabling them to link Mr. Figueroa to the arson. Over the course of the investigation authorities had found evidence linking Mr. Figueroa to other Vista fires starting from the beginning of this year. Authorities had recognized him immediately after viewing the footage and remembered him from being suspects of previous fires in the area.

Mr. Figueroa was taken to the Vista jail on suspicion of five accounts of arson, and two counts of commercial burglary. Bail was set at 250,000 dollars due to the seriousness of his crimes committed.

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In North San Diego County, Oceanside, three teenagers aged 16, 17 and 18 were arrested on suspicion of residential burglary, possession of stolen property and possession of a loaded firearm. Two of the teenagers are from Vista and the other from Oceanside.

The two younger minors will most likely be tried in juvenile court and the 18 year old will be tried as an adult at the Vista courthouse. Witnesses claim the three were wearing masks and bandanas and were armed with rifles when they were seen fleeing a home around 10:00a.m.

Police stopped a Ford Explorer believed to be involved and found the three teenagers along with three shotguns and a backpack that allegedly belonged to the homeowner. All three teens were allegedly positively identified as the ones fleeing from the residence. Remember, these teens are innocent until proven guilty beyond a reasonable doubt!