Property crimes are on the rise in California. Unfortunately, they carry a severe penalty upon conviction and other life-altering consequences. For example, you are likely to face a lengthy prison time and pay hefty fines if you are found convicted of trespassing or arson.  A criminal conviction in your record could change the way people view and relate to you. Hence, if you face charges for any property crime in Sacramento, CA, it is advisable to hire the assistance of a competent criminal lawyer. It is the only way you could evade a conviction. At California Criminal Lawyer Group, we will fight alongside you to protect your rights and compel the court to drop or reduce your charges.

Overview of Property Crimes in California

People are very protective of their property. It is essential to respect that and respect other people’s property even more than you respect your own. That is why California laws against property crimes are stringent. These laws cover various types of offenses that people can commit against other people’s property. It helps to know what each property crime entails and its consequences after conviction. That will prepare you well when you face charges for one or more property crimes. Here, we’ll discuss various types of property crimes in California and their implications. It could help to hire a competent criminal attorney for a solid defense when facing charges under any property law.

Types of Property Crimes in California

People commit property crimes in different ways. That is why California law covers various types of property crimes and their consequences. These crimes are mainly categorized into theft-related and non-theft-related offenses. The most common ones are:

Burglary — California PC 459

You could face burglary charges in California if you enter a residential or commercial building or structure or even a locked door with a plan to commit theft or any other felony offense. Some burglary offenses are committed through forceful entry into the said structures or building. However, the DA must prove specific facts of the crime beyond a reasonable doubt for the court to find you guilty under this law:

  • That you entered a particular building, structure, a room within the building or structure, or a locked vehicle.
  • You did so intending to commit theft or any other felony offense.
  • The structure you entered was not a commercial establishment. If so, you must have entered it outside business hours.
  • The worth of that property you intended to steal was more than $950.

You commit burglary immediately after you enter the specified areas with a plan to commit a felony crime while in there. If you only entered the said structure with no intent to commit a crime, you may not be guilty under California PC 459.

California prosecutors charge burglary as either first- or second-degree. First-degree burglary is more grave and involves entering a residential structure, building, or room with a plan to commit theft or felony. Second-degree burglary entails entering a commercial building intending to commit theft or a felony crime.

Note that not all cases of burglary involve breaking into a property. You could still face burglary charges if you entered another person’s property through an unlocked door or window or even an open business. The offense doesn’t require trespassing or forced entry.

However, an auto burglary occurs only when the vehicle is locked. Also, you must have broken into the car to steal it or the property inside it to be guilty under this law.

First-degree burglary is automatically a felony and could attract the following sentences:

  • Felony probation.
  • 2, 4, or 6 years of imprisonment.
  • A fine of $10,000.

It is also a strike under the California three-strike law. It means that any subsequent felony convictions will be punished with double the penalties provided under the law or 25-years to life in prison.

Second-degree burglary is a wobbler offense in California. It means that the DA can charge it as a misdemeanor or felony at his/her discretion. The possible consequences of a felony conviction for this offense are:

  • Felony probation.
  • 16 months, 2 or 3 years of imprisonment.
  • A fine of $10,000.

A misdemeanor could be punished by:

  • Misdemeanor probation.
  • One year of jail time.
  • A fine of $1000.

Vandalism — California PC 594

You commit vandalism in California if you maliciously damage, deface or destroy another person’s property. The severity of the violation is determined by the worth of that property you vandalize. California laws define vandalism using the following elements:

  • You maliciously destroyed, damaged, or defaced a property by graffiti or inscribed material.
  • You didn’t own the said property, or you owned it with another person.
  • The property owner lost a considerable value of the property.

You could deface property by the use of an unauthorized word, inscription, mark, figure, or design on it. It could be done by writing, marking, scratching, drawing, or painting. Any type of tool could be used to deface real or personal property.

A real property, in this case, could mean land or anything else that is attached to it, including a home or building. Personal property is any other property that is not covered under real property. It could be a car or furniture.

Note that the defacement must not be permanent to be convicted of vandalism.

Additionally, vandalism charges only apply if the damaged, destroyed, or defaced property does not belong to the defendant. The property could have belonged to another person, or you jointly owned it with another person. For instance, a husband could be convicted for vandalism if he destroyed a property he co-owned with his wife.

The crime of vandalism is accomplished through malice. You could act maliciously if you intentionally did something wrong or acted with an illegal intent to injure or annoy another person. However, it doesn't necessarily mean you intended to commit an offense. Hence, if you accidentally destroyed or damaged someone else’s personal property, you may not be guilty under this law.

Vandalism can be prosecuted as either a misdemeanor or felony in California, depending on the worth of destroyed property. A misdemeanor vandalism offense involves property whose worth is less than $400. If found convicted of this offense, you could face the following punishments:

  • Misdemeanor probation.
  • One year of jail time.
  • Maximum fines of $1,000 — Could go up to $5,000 if you have a previous conviction for vandalism in your criminal record.

If the value of the vandalized property is $400 or more, the offense becomes a wobbler, meaning that the DA can charge it as a misdemeanor or felony based on your criminal record and the facts of your case.

If the value of the vandalized property is at or greater than $400, and the prosecutor charges you with a misdemeanor, you're likely to face the following penalties upon conviction:

  • Misdemeanor probation.
  • One year of jail time.
  • Maximum fines of $1,000, or $50,000 if the worth of the damaged property is $10,000 or more.

But if the prosecutor charges you with a misdemeanor for vandalizing property worth $400 or more, you could face the following penalties after conviction:

  • Probation with one year of jail time, or a prison sentence of 16 months, 2 or 3 years.
  • A fine of not more than $10,000, or $50,000 if the vandalized property was valued at $10,000 or higher.

Trespass — California PC 602

Trespassing occurs when you enter or remain in another person’s property without authorization or the right to do so. The crime can be a minor infraction, a misdemeanor, or a felony, based on the details of the offense. California PC 602, together with many other related parts of the state’s Penal Code, has listed over thirty acts that could qualify as trespassing. The most common of these are:

  • Entering someone else’s property planning to damage or destroy it.
  • Entering someone else’s property planning to obstruct or interfere with the activities conducted there.
  • Entering and staying in a property belonging to another person without their permission.
  • Refusing to leave someone’s property even after they’ve asked you to leave.

You could also face trespassing charges if you took something, however trivial, from another person’s property without permission, for instance, dirt, soil, a stone, oysters, or shellfish. Nowadays, failing to submit to screening at a courthouse or airport could be considered trespassing.

Thus, trespassing is a complicated offense to prove in California. However, the law has provided certain elements or facts of the crime, which the DA must demonstrate for a court to find you guilty. They are:

  • That you willingly entered a property that didn’t belong to you.
  • You entered the said property with a specific intent to interfere with the property rights.
  • You carried out your plan — Maybe through damaging the property or disrupting the business conducted in that property.
  • You must have acted willfully for a court to convict you of trespassing — A willful act is one committed willingly or intentionally, not by accident.
  • You also must have acted with a particular intent — It means that you must have intended your actions and the consequences of those actions.

Trespassing is a unique offense in California in that prosecutors can charge it as a minor infraction, misdemeanor, or felony. The most common of these is the misdemeanor charge, which carries the following possible penalties:

  • Misdemeanor probation.
  • Six months of jail time.
  • Fines of up to $1,000.

But some instances of misdemeanor trespassing can carry a jail term of not more than a year. For instance, failing to leave a shelter for battered women even when management asked you to do so.

Prosecutors charge trespassing as an infraction if the following are true:

  • You willingly entered another person’s land without their permission or the right to do so.
  • The land was enclosed at the time (through fencing), or there were clear signs of ‘no trespassing’ throughout the land.

A trespassing infraction under California PC 602.8 could carry the following punishments:

  • A fine not exceeding $75 for first offenders.
  • A fine not exceeding $250 for second or subsequent offenders on the same property.

A third trespassing offense by the same offender on the same property will be a misdemeanor.

An aggravated trespassing offense is a wobbler offense in California. It could occur when:

  • You make credible threats to injure another person, intending to make the person fear for his/her safety or their family’s safety.
  • Within a month of making the credible threat, you enter that person’s property or even workplace planning to carry out the threat.

The DA can charge aggravated trespass as a misdemeanor or felony, based on your criminal record and the details of the situation. As a misdemeanor, you could face a jail term of one year and pay a fine of $2000 upon conviction. But as a felony, you could receive 16 months, two, or three years of jail time.

Arson — California PC 451

You could be guilty of arson in California if you willingly and maliciously set fire, burn, cause to be burned or aid, procure or counsel the burning of a structure, property, or forest land. Arson is a more severe property crime in California, as prosecutors charge it as a felony.

California PC 451 defines arson using the following components of the crime:

  • That you set fire on or caused a structure, property, or forest land to burn.
  • You did so willingly and maliciously.

To burn or set fire to property means destroying or damaging part of or the entire property with fire. You could still be found guilty under this law even when only a small amount of the property was destroyed. A simple sharing of wood is enough evidence to cause the jury to convict you of arson.

However, you must have acted willingly and maliciously. A willful act means that it was done intentionally or on purpose. A malicious act means that you intentionally did something wrong or acted with a wrongful intent to annoy, defraud or injure another person.

A structure, as used under this law, could mean any of the following:

  • Building.
  • Bridge.
  • Power plant.
  • Tunnel.
  • Public or commercial tent.

Forestland means:

  • A forest.
  • Woods.
  • Grassland.
  • Cut-over land.
  • Brush-covered land.

Property means any other item that hasn't been covered under the structure and forest land. It could even mean trash or clothes.

As previously mentioned, arson is a felony crime in California, though punishment could vary from one case to the other based on:

  • The type of property in question.
  • Whether someone incurred burn injuries during the commission of the offense.

Punishment for an arson conviction in California could carry the following sentences:

  • 16 months, 2 or 3 years in prison for malicious arson on another person’s personal property.
  • 2, 4, or 6 years in prison for arson on forest land or structure.
  • 3, 5, or 8 years for arson on an occupied property or structure.
  • 5, 7, or 9years of prison time if your actions resulted in significant bodily injuries on another person.

Additionally, arson is considered a crime of moral turpitude. Therefore it could have severe consequences on your immigration status. You could be deported if you are already living in the United States as an immigrant or declared inadmissible if you are trying to apply for residence in the country.

Also, convicted felons are not eligible to possess or purchase a firearm in California. Thus, a conviction under this law will affect your gun rights.

Possible Legal Strategies to Fight California Property Crime Charges

Property crimes in California are pretty severe. They attract a hefty penalty upon conviction, which might include a lengthy prison time and a hefty fine. A conviction will also affect several aspects of your life, including your career prospects. Thus, it is good to have a solid defense in the trial to fight your charges and evade a conviction. The presence of a qualified criminal defense lawyer could make a significant difference in the outcome of your case. The good thing is that your attorney can use different defense tactics to fight your charges and compel the court to reduce or drop your charges. These strategies could include:

No Willful Act

Most property crimes require a defendant to have acted willfully. For instance, you must have willfully set a property on fire or willfully entered another person’s property with intent to commit a felony. If the willful act is lacking in your case, the DA will not prove the case beyond a reasonable doubt. Without sufficient evidence, the jury might not pass a guilty verdict.

Thus, your attorney can use this defense to have the court reduce or drop your charges. He/she can argue in court that you did not act the way you did deliberately or willingly.

For instance, you might have accidentally started a fire that destroyed part of another person’s property. Or, you mistakenly entered the wrong property since you were lost.

A  skilled criminal lawyer will know how to argue your case to convince the jury that you are not guilty as charged.

Mistaken Identity

People are all the time mistakenly accused of crimes they have not committed. That could be possible, especially when the crime is committed in the dark or disguise, and witnesses cannot tell the exact perpetrator.

You could also be mistaken for the perpetrator if you two look the same, live in the same place, or are great friends. For instance, if your friends started a fire that burned a forest land, you could be implicated even if you weren’t with them at the time of the crime.

Example: You and Tom have been roommates since college days. Lately, Tom has been having a difficult time obtaining a job. Out of desperation, he starts engaging in criminal acts without your knowledge. One day, Tom trespasses into your neighbor's compound, intending to steal her expensive jewelry. Unfortunately, the house lady is home, and she quickly defends her home before Tom could steal anything. Tom was not expecting anyone would be home. Out of fear, he runs back to the house he shares with you. The lady calls the police. Since she has only seen you around and not Tom, she sets you up with the police.

Your attorney only needs to demonstrate that you were not the real perpetrator before a jury in a case like that. Note that the jury does not expect the defense team to name the perpetrator.

Lack of Intent

Most property crimes require the defendant to have acted with specific intent. For instance, a burglary offense needs you to have entered another person’s property with intent to commit theft or any other felony offense. If this intent is lacking in your case, the court might not find you guilty of the charge.

The intent is hard to prove for prosecutors. It could be challenging for a prosecutor to know the exact motive that led the perpetrator to act the way he/she acted. That is why your defense attorney can have the court drop or reduce your charges by citing a lack of intent in defense.

Your attorney could bring up another motive to counter the criminal intent required to satisfy the facts of the underlying charge. For instance, if you only trespassed another person’s property out of curiosity and not to commit a felony, the court might reduce your charges.

Police Misconduct

California police have a specific code of conduct in which they must act when arresting people suspected of breaking the law. For instance, the police must not force a witness into confessing to something the suspect may or may not have done.

After your arrest, the police must read your Miranda rights, which allows you to remain quiet until you can hire an attorney. If the police did not conduct themselves well, your attorney could use this defense to have all the evidence they’ve gathered against you thrown out of the court.

Find a Sacramento Criminal Attorney Near Me

If you face charges for any property crime in Sacramento, CA, it could help to hire a competent criminal attorney to plan a solid defense against your charges. This way, you might significantly improve your chances of avoiding a conviction. At California Criminal Lawyer Group in Sacramento, we have the skills and experience to defend you against even the gravest property crime charges. Call us at 916-775-7660, and let’s take you through the legal process for a successful outcome.