California Penal Code section 463 states, “Every person who violates Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, during and within an affected county in a ‘state of emergency’ or a ‘local emergency,’ or under an ‘evacuation order,’ resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170.”
Looting differs from traditional theft or burglary because you must commit it during an emergency declared by a governing body. Basically all kinds of theft, no matter how severe, can be classified as looting if done under the necessary conditions. The crimes include:
The two types of emergencies where looting can occur are “state emergencies,” which can only be declared by the California governor, or “local emergencies,” which can be declared by local bodies. These emergencies are declared when an adverse event happens that is so severe, that the locality or state cannot handle it without outside assistance. These can include:
Looting is a “wobbler” offense in California, meaning that it can either be a misdemeanor or felony depending on the circumstances of the crime. The type of theft you committed, the value of the items stolen, and the type/severity of the emergency will all factor into the sentencing. Petty theft looting is always a misdemeanor offense in California, and it can earn you:
Committing looting by grand theft or burglary can either be a felony or misdemeanor. If charged as a misdemeanor, it can result in:
As a felony, the punishments could be:
In addition, it is important to note that looting charges can have far-reaching consequences. For example, a conviction for looting can have a significant impact on future employment opportunities. Particularly if the occupation requires a background check or involves working for the government. Also, such a conviction can make it more difficult for you to apply for rental housing, obtain licenses, or even in immigration matters. In addition, depending on the circumstances, a looting charge may involve additional charges. Such as:
All of this will make the defendant's legal situation much more complicated. On the other hand, a competent legal defense can play a key role in reducing the severity of the consequences. A lawyer can:
Moreover, in the absence of aggravating circumstances, plea agreements are possible. In order to obtain a more lenient punishment or to transfer the case in the direction of an administrative offense. It is important to act quickly and enlist the support of an experienced lawyer. The KAASS LAW legal team is ready to provide qualified assistance in a looting case.
Some potential defenses to a violation of PC 463 include:
There are a lot of emergency situations that may require one to enter a dwelling that they should not be in. For example, a flood might force people on the street to take refuge in nearby stores and buildings. If you were entering these buildings without the intent to commit any crime, especially if you did so for your own safety, this could be a possible defense. While being mistaken for someone else is a defense to basically any crime, it is especially relevant to looting. For instance, riots are a form of emergency where widespread looting is common. Law enforcement, often overworked during states of emergency, commonly arrests people at riots and protests for crimes committed by others. If you can prove that you were not the one who committed the alleged crime, you would be innocent. Lastly, if you did steal, but not during a state of emergency, you could avoid the harsher penalties for looting that are not the same for traditional theft. Say the state of emergency was ended the day before you committed petty theft, then you would only be guilty of petty theft rather than looting. If you face looting charges, don't wait to get legal assistance. KAASS LAW has the experience to help you navigate through these complex charges and work toward a favorable outcome.
According to California Penal Code Section 459, burglary is the act of entering into a residential or commercial structure with the intent to commit either a theft crime or felony.
To be convicted of burglary the prosecution must prove the following elements:
California burglary law also differentiates between two forms of burglary charges which are categorized as first-degree burglary and second-degree burglary.
California first-degree burglary is burglary of a residence. A “residence” can be any of the following: inhabited house, a room within an inhabited house, inhabited floating home, inhabited hotel or motel room, inhabited trailer coach, inhabited floating home. Residence will still be considered inhabited even if the occupants left it because of a natural disaster or other type of disaster.
California second-degree burglary occurs when if the burglary involved a commercial break in and other type of structure including stores and businesses.
Lack of Intent is a legal defense to Penal Code 459 Burglary If the defendant did not have intent to commit a theft or a felony at the time of entering the structure, he can’t be found guilty of burglary.
Factual innocence is also a legal defense to California burglary charge and occurs when an innocent defendant is accused for a charge which may include the following:
In California, first-degree burglary or residential burglary is always considered a felony. The punishment for first-degree burglary can include:
Under Penal Code Section 459 second-degree or commercial burglary is considered a wobbler. Conviction for commercial burglary carries a less harsh penalty than a conviction for first degree burglary. Depending on specific circumstances and the defendant’s criminal history this type of burglary can be charged as either a felony or a misdemeanor. Penalties for second-degree felony burglary are:
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