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Santa Cruz criminal defense attorneyMany people mistakenly use the terms burglary, robbery, and theft interchangeably. In everyday conversation, this is not an issue. Most people understand the terms to mean that someone is accused of taking something from someone else without permission. However, there are vast differences between the terms when it comes to the law. Not only do they mean different things, but they also carry varying penalties. Therefore, when reading the charges filed, it is important to understand what you are being accused of before you can defend yourself against it.

Burglary

Burglary, by definition, is breaking and entering into a dwelling with the intent to commit a felony. This crime occurs without the consent of the victim and involves opening a previously closed area to enter the property. How the premises becomes open makes no matter. If a window or a door is opened that was unlocked, it is still considered breaking. Entering is any physical portion of the intruders body crossing the exterior boundary of the premises, even if it is just a hand or a foot. California statutes define burglary as “entering any home, room, apartment, store, barn, floating home (or many other qualifying buildings) when the doors are secure, for the purpose of committing grand or petit larceny.”

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