Anaheim, Orange County - Authorities are searching for a man wanting for a home-invasion robbery Thursday morning in Anaheim.
The Orange County Sheriff's Department says the homeowner confronted a man who was attempted to steal birds from the homeowner's backyard, and that is when the suspect pulled out a firearm and invaded the man's home.
At one point the suspect put the gun to the man's head and the man pleaded for his life, at which point the suspect took a computer and cell phone, along with the family's dog, according to the sheriffs'.
They're a lot of serious charges here and the suspect could face up to several years in prison, says Santa Ana criminal attorney Michael L. Guisti.
Many people think burglary and robbery are of the same charge and same crime, but they're very different crimes with different punishments, and should you ever find yourself involved in a theft crime it's important to know the difference, explains Guisti.
Now robbery under California law, according to Guisti, is when you take property that didn't belong to you from the owner's personal possession or immediate presence against that person's will using some kind of force or threat. Basically, robbery involves taking something directly from a person.
Now burglary is when you enter a structure with the intent to commit a felony or petty theft once inside, says Guisti.
When a person enters another's person's home to rob them it's burglary since there was the intent to commit theft and/or other crime, according to Guisti.
Now since a suspect illegally entered a residence it's assumed that he/she is going to commit a felony, but, Guisti goes on to say, in shoplifting cases police tend to add on the charge of commercial burglary, but it's not always clear-cut if the suspect intended on committing the crime before entering the store.
Many shoplifting cases are on impulse, meaning a suspect enters a store with no intention of shoplifting, but perhaps an opportunity presents itself and the suspect acts on it, but gets caught, explains Guisti.
Now, Guisti goes on to say, police may ask if the suspect thought about doing this before coming to the store today, and the suspect, unaware of these laws, may just answer "yes" even though he/she had no intent to shoplift before entering the store, but by answering "yes" the suspect now invites robbery charges.
If you've been involved in a theft crime it's important to contact our Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti who can see to it you're not overcharged.
Our expert defense lawyers have over a decade of successful experience winning theft crime cases for our clients in the Orange County courts of Newport Beach, Westminster, Santa Ana and Fullerton.
So please, call us now.