Re: Criminal Law case Big, what is clear to me is that you are stubbornly attached to generalizing laws and applying their standards across all states; that is an enormous mistake. What I have tried to explain to you is 100% on the mark for California law, and I feel very qualifed to explain California law to you. I won't tell you what the elements are for New York, Nevada, or any other state however.
If you can take anything away from this conversation remember you may be correct in one specific jurisdiction, but you can not apply it to any OTHER jurisdiction because you will stand a very high probability of being foolishly wrong. And you are incorrect as we discuss this according to California law.
Come to California and enter an open business and take some property, and then if caught openly admit to the police officer you came to the business and entered it with the specific intent to take the property and I will bet dollars to doughnuts you will be booked for 459 PC - Burglary. Without a history of theft and the dollar amount being too high, the DA will probably offer you a petty theft (488 PC or 490.5 PC) but you could be charged for 459 PC as well. Believe what you will, but I have accurately explained this. Now the question is if I was able to do it adequately so you understand.
When it comes to criminal statutes wikipaedia is no source whatsoever.
Last edited by pm01; 06-03-2007 at 10:35 AM..
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