Does anyone know anything about burglary?

Question

MY boyfriend went to walmart to try to steal some thing, which totalled to about $60, and got caught. The police charged him with burglary. Is that right? Would it be petty theft instead? i need some answers... plz

Answer 1

The elements of burglary will vary depending on what state you reside.

In California, burglary is entering a structure with the intent to commit a crime.

That being the case, if your boyfriend as you wrote, "went to Walmart to try to steal something" that constitutes a burglary. He went to the store with the intent to steal versus he was in the Walmart and then decided to steal something. It sounds like a minor detail but it changes a misdemeanor petty theft into a felony burglary.

An officer can establish the intent by a statement or other factors such as he entered the store with an empty bag and no money.

Answer 2

It depends on how your state defines burglary. Fist of all, in most places, it is a felony offense, whereas petty larceny is a misdemenor offense. Burglary is most often defined as entering a place unlawfully, trespassing, or remaining unlawfully with the intent to commit a crime. Other charges usually accompany a burglary charge.
Two ways to look at this.
#1) It is almost impossible to enter Wal-Mart unlawfully, unless he broke a cabinet to steal an item, or was carrying a weapon and they had a sign posted "No Weapons" or something like that.
#2) You said, "went to walmart to try to steal something." So it was planned.
Those two elements constitute burglary, so if he meets that criteria, he can be charged with burglary.
Again, your jurisdiction might differ, this is just what I am familiar with.

Answer 3

I can only speak for California, but your state may have a similar law. According to California Penal Code §459, a person is guilty of burglary if s/he enters a store with the intent to commit a petty or grand theft.

According to your statement, your boyfriend went to Wal-Mart and decided that he was going to steal something before he entered the store. Once he set foot in the store, he committed the burglary. No forcible entry is required in California and the theft does not have to be completed, but it does put the nail in the coffin.

So, how do you prove that he intended to steal the item? There is usually physical evidence proving it or he told the police that he entered the store intending to steal merchandise.

Answer 4

Burglary is an intrusion into a private property to steal something. Thus, your boyfriend should be charged only of petty theft because he did not use force in stealing an item at Walmart.

Answer 5

It doesn't matter...either way...the phraseology will not outweigh the wrongdoing.

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Answer 6

It varies with the particular state or municipality's definition of burglary. Some define it as forcibly entering private property to steal something. Others define it as merely entering someone else's property without permission. I'm not a lawyer so don't go entirely by my definition.

Answer 7

In Illinois, if you enter with the intent to commit a felony or theft it is indeed burglary.

Answer 8

i know the laws in 2 states , not every one -which vary, but you do not need to break through a door,window, or into a home to constiute burglary, it coudl be going into a building, or even car and stealing something of value

Answer 9

It sounds like you need to have better judgment about the kind of man you pick for your boyfriend. Would you honestly want to have children with this guy? What kind of values could he possibly have to offer toward raising a child to be a successful and productive member of society? He himself hasn't figured out what that means yet.

Answer 10

Depends on the state as to what they call it. What he did was bad and most of the time it’s called shoplifting. 60 dollars is most likely a misdemeanor. Fine and community service or probation for first time offenders. Drop him.