Burglary charge?????????

What is the name of your state? CALIFORNIA

I went grocery shopping with a friend, or so I thought. She didnt inform me that she wasnt planning on paying for the groceries until she was walking out the door at which time we were promptly stopped and subsequently arrested. The total amount of groceries was $339. I told them from the start I didnt know what she was planning to do. Now I am facing burglary charges in the 1st degree. Isn't this considered petty theft?

You became a willing participant in the few seconds it took you to walk out the door. If you had said, "No, I will not steal" and stayed in the store, you would not be charged.

You can certainly claim that you did not enter the store with the intent to steal, but it is not a very believable story, especially with the high dollar amount of groceries. The charges you face will depend on the DA. The charges you are convicted of will depend on the DA and your lawyer.

Some Random Guy said:

You became a willing participant in the few seconds it took you to walk out the door. If you had said, "No, I will not steal" and stayed in the store, you would not be charged.

You can certainly claim that you did not enter the store with the intent to steal, but it is not a very believable story, especially with the high dollar amount of groceries. The charges you face will depend on the DA. The charges you are convicted of will depend on the DA and your lawyer.

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I would have to second this...
You must have had at least two grocery carts worth of stuff...didn't it strike you as odd when you were walking out the door without stopping at the register?

I agree. You can't tell us you had no idea that she didn't intend on paying as you saw her walk right past the registers!

Granted, I know some people who can completely blank out sometimes (one of them being my mother), but when that happened, I stood by the registers and called out "ahhh... mom?!" and she realized what she was doing. It only happened once, but once is all it takes (thank goodness we lived in a small town and everyone knew she would never do such a thing purposely).

Why on earth didn't you stop her before she reached the doors??

You are being charged with buglary a felony however I would expect a plea deal will be on table. Hire a criminal defense Attorney your going to need one

What I said was that I entered the store not knowing and that I didn't know while shopping. When I did find out what was going on I left the store. (approx. 2 mins. prior to my friend) I didn't think I needed to go into the details for thus forum but since you all think I'm guilty as hell, I will.....When I left the store, before my friend, I was pulled aside by the security guy and told not to make a scene. He showed me his badge and held me by the arm until he saw my friend coming out and that is when we were arrested.
I tried to leave when I realized what was going on. And I was not trying to get the "get-a-way-car"....we were on foot.
By the way, I don't know where the heck you come from, but $400 in california won't fill one basket, especially if you buy any meat!

Moparwench said:

What I said was that I entered the store not knowing and that I didn't know while shopping. When I did find out what was going on I left the store. (approx. 2 mins. prior to my friend) I didn't think I needed to go into the details for thus forum but since you all think I'm guilty as hell, I will.....When I left the store, before my friend, I was pulled aside by the security guy and told not to make a scene. He showed me his badge and held me by the arm until he saw my friend coming out and that is when we were arrested.
I tried to leave when I realized what was going on. And I was not trying to get the "get-a-way-car"....we were on foot.
By the way, I don't know where the heck you come from, but $400 in california won't fill one basket, especially if you buy any meat!

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If you didn't have the intent to steal, then you aren't guilty. Therefore, the prosecutor will have to prove beyond a reasonable doubt that you intended to steal the groceries. What does your friend (the one who definitely stole the groceries) say about your involvement? If she claims that she acted alone, that will probably go a long way. Of course, she'd be admitting that she's guilty.

As for whether the crime is burglary or petty theft:

459. Every person who enters any ... store ... with intent to commit grand or petit
larceny or any felony is guilty of burglary. As used in this
chapter, "inhabited" means currently being used for dwelling
purposes, whether occupied or not.

460. (a) Every burglary of an inhabited dwelling house, vessel, as
defined in the Harbors and Navigation Code, which is inhabited and
designed for habitation, floating home, as defined in subdivision (d)
of Section 18075.55 of the Health and Safety Code, or trailer coach,
as defined by the Vehicle Code, or the inhabited portion of any
other building, is burglary of the first degree.

I'm stuck on "dwelling," which usually means people live there. It doesn't sound like the grocery store would meet that definition. Perhaps somebody with more knowledge of California law can comment.

Since you left the store first and without any merchandise, that makes the charges much harder to provve. However, security was waiting for you and detained you when you left the store. That means that they believe that they had enough evidence of a crime before your friend left the store - what is that evidence?

I would suggest getting an attorney since burglary requires intent and you can certainly argue that you had no intent to steal.

Heres your problem you were with your frind during slection you were with your friend as he walked past last point of sale you walked with friend as he headed for exit with unpaid for merchandise and exited with friend but few steps ahead. Nothing in that scenerio suggest your innocence even you are probably innocent of this

Some Random Guy said:

Since you left the store first and without any merchandise, that makes the charges much harder to provve. However, security was waiting for you and detained you when you left the store. That means that they believe that they had enough evidence of a crime before your friend left the store - what is that evidence?

I would suggest getting an attorney since burglary requires intent and you can certainly argue that you had no intent to steal.

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If anyone saw (or the cameras recorded) our OP picking up even ONE item and placing it in the cart, then it doesn't matter if she actually had possession of any merchandise at the moment she left the store...

Wow! That is some top-notch security work! Detaining you, two minutes before your partner completed the crime?

Either the security guy should be working at the FBI instead, or you are not telling the whole story.

HappyHusband said:

Wow! That is some top-notch security work! Detaining you, two minutes before your partner completed the crime?

Either the security guy should be working at the FBI instead, or you are not telling the whole story.

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I vote the later...

How would the security guide know that your friend was going to steal BEFORE she left the store? Unless your "friend" was shoving Prime Rib and Fillet Mignon down her pants??

Moparwench said:

By the way, I don't know where the heck you come from, but $400 in california won't fill one basket, especially if you buy any meat!

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I don't know where YOU come from, but $150 can FILL a cart in Ralphs, Stater Brothers or Vons in the Los Angeles area. You need to choose your items more carefully. Oh wait, strike that last statement...it's FREE for you!

You weren't charged with first degree burglary - you were charged with second degree burglary. A commercial burg is one in the second degree. This means that the police believe they can show that she - and apparently, you - entered the store with the intent to commit the crime. If they cannot meet that element, then the charge would be shoplifting (petty theft). Ultimately it may plead down to that.

They probably arrested you because of her actions and the fact you were together. if neither of you had money, checks, or credit cards, it will look worse for you.

You need an attorney yesterday.

- Carl

CdwJava said:

You weren't charged with first degree burglary - you were charged with second degree burglary. A commercial burg is one in the second degree.

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That makes sense. The OP probably misread the charges.