April 23, 2010 By Wallin & Klarich

It was recently reported that a beauty supply store in Lake Forest was burglarized by a man in a ski mask. The man is alleged to have been carrying a handgun. The man ordered an employee to lead him to the safe and the employee gave him an undisclosed amount of money. The man escaped through the back of the business. The case is currently being investigated.

It is important to differentiate burglary cases from robbery cases. Cases of robbery occur when someone takes something from someone’s person with force or threat of force. Since the taking was from a structure (beauty store), the crime in this particular case is burglary. Even though the man had someone lead him to the safe, it is still burglary (not armed robbery) because nothing was taken from the employee’s body or immediate possession.
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Under California Penal Code Section 459, burglary is committed when a person enters a building with the intent to commit a felony. Commercial burglary (also known as second degree burglary) is a crime that takes place in a business rather than a residence and is considered to be a “wobbler.” This means the prosecution has the discretion to either charge the crime as a misdemeanor or a felony. A misdemeanor conviction is punishable by imprisonment for up to one year in county jail and up to a fine of one $1,000. A felony conviction is punishable by imprisonment for up to three years in state prison. It is important to speak to an attorney to help get you the best possible disposition in your case.
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If you or a loved one is facing a charge of burglary, it is critical that you speak with an experienced burglary attorney. At www.wklaw.com, our attorneys have over 30 years of experience in handling burglary cases. Our attorneys are well versed in the law and have the time to personally give the attention to detail to your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

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