What are my defense options?
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What are my defense options?
I am charged with felony commercial
burglary. I allegedly climbed into a
shipping container and removed
2,000 worth of merchandise placed it
approximately 80 yards from the
container and that’s it. I did not break
and Enter nor did I leave with any
merchandise before being pulled over
and charged with this crime.
Asked on March 12, 2019 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Entering a shipping container is specifically included under the definition of burglary, even if you did not have to break into it. Taking something away from the person(s) who own it is larceny, which makes it burglary since you entered the container. In moving the merchandise 80 yards from the container, where it might very well have been lost to the owners, you took something away from them. Based on what you write, you did commit 2nd degree burglary and if the facts you describe can be proven, you do not have a defense, but instead should try to negotiate a favorable plea.
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