Glendale, CA asked in Criminal Law for California

Q: (See below.)

I understand that, in California, an element of “car burglary” is that the thief break into a locked car – a threshold doubtless intended to reward people who lock their cars and punish those who don’t. (See Cal. Penal Code, § 459.) But what if the occupied car is locked and then another vehicle feloniously (speeding DUI) collides with it, giving the opportunistic thief means to enter and steal property (in this case a purse) within? Under these circumstances – where no “moral” failing can be attributed to the (now seriously injured) victim – is there case precedent for the thief being charged with burglary?

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: are you trying to get legal advice on HOW to commit a crime?

no matter what you do, you are talking about a THEFT.......which is criminal.

is this something you already did?

if so, either consult with a local criminal attorney OR request that the court appoint a public defender at your arraignment.

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