What Are the Penalties for Looting in California?

Looting may result in up to 3 years in jail

What Are the Penalties for Looting in California?

In the wake of the murder of George Floyd at the hands of police officers in Minneapolis, protests have erupted across the country — including here in California. The majority of these protests have been peaceful. However, in some instances, there was property damage and looting as part of the protests. This raises a question of when you can be charged with looting in California — and what happens if you are convicted.

As a criminal defense lawyer in Orange County, CA can explain, looting may be charged when a person commits the crime of burglary, grand theft, or petty theft whenever there is a state of emergency or a local emergency. State and local emergencies may be declared due to earthquakes, fires, floods, riots, and/or other severe weather that may be considered a natural disaster.

Looting by burglary involves committing second degree burglary during a state of emergency. Burglary has two elements: (1) entering any structure that is not an inhabited dwelling; (2) with the intent to commit either a theft or any felony once inside. Looting by grand theft occurs when a person steals property with a value of more than $950 during a state of emergency. Looting by petty theft may be charged when a person steals property with a value of $950 or less during a state of emergency.

For example, California is currently experiencing a number of wildfires. A woman is evacuating when she sees a local store that appears to be abandoned. She enters into the store, intending to steal supplies and household goods. The owner surprises her, so she never actually steals anything. In this situation, she could be charged with looting by burglary. However, if she stole something, she would either be charged with looting by grand or petty theft, based on the value of the items taken.

Looting by burglary may be charged as either a felony or misdemeanor, depending on the facts of the case and the defendant’s criminal history. As a misdemeanor, it may lead to up to 1 year in county jail, probation, a fine of up to $1,000, and/or up to 240 hours of community service. Felony looting by burglary may result in a sentence of up to 3 years in jail, probation, a fine of up to $10,000, and up to 240 hours of community service.

Looting by grand theft may also be charged as a felony or a misdemeanor. The penalties for looting by grand theft are the same as for looting by burglary, except that the community service requirement is reduced to 160 hours. If a firearm is stolen, then the crime will be charged as a felony.

Finally, looting by petty theft is charged as a misdemeanor. It is punishable by up to 6 months in county jail, probation, a maximum fine of $1,000, and/or up to 80 hours of community service.

If you have been charged with looting or any other crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a criminal defense lawyer in Orange County, CA.

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