Campbell, CA asked in Criminal Law for California

Q: See below

If a person enters a closed but unlocked gate of a homeowner’s fenced in yard and steals their personal property valued over $950, what crime or crimes are involved? Grand Theft? Grand Larceny? Burglary? Trespassing? Would all these be felony crimes?

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1 Lawyer Answer
Paul S. Geller
Paul S. Geller
  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: Yes, grand theft. Burglary may be over reaching as it was in the yard. Once you get to grand theft, the trespassing is a bit irrelevant. Grand theft can be a felony or a misdemeanor.

Bottom line: what is charged and how it ends up are two different things.

Joseph Abrams agrees with this answer

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