In California, theft and burglary cases depend on whether the prosecution can prove every element of the offense beyond a reasonable doubt. Witness testimony plays a crucial role from the moment of arrest through the final verdict. Often, the strength or weakness of witness testimony can make the difference between conviction and acquittal. As such, anyone facing California theft or burglary charges should take them seriously and seek a skilled criminal defense attorney to help fight the charges.
An Overview of Burglary and Theft Crime Under California Law
Under California Penal Code 459, burglary occurs when several elements are proved beyond a reasonable doubt:
- The act of entering any premises, building, or defined structure; and
- The intent to steal (whether grand or petty theft) or to commit any felony inside the premises at the time of entry; and
- The value of the intended stolen property was more than $950; and
- The structure entered is not a commercial business; or
- The structure is a commercial business, but it was not open to the public at the time of entry.
A burglary conviction is serious. It can result in jail or prison time, fines up to $10,000, and a permanent criminal record. In cases charged as felonies, burglary may also count as a “strike” under California’s Three Strikes Law.
Theft in California is defined as unlawfully taking someone else’s property with the intent to permanently deprive them of it. Petty theft (Penal Code 484) involves the taking of property worth $950 or less and is typically a misdemeanor punishable by up to six months in jail and fines up to $1,000. Grand theft (Penal Code 487) deals with the taking of property worth more than $950 or items such as vehicles or firearms, regardless of value. It can be charged as a misdemeanor or felony, depending on the circumstances and the defendant’s criminal history.
Because both burglary and theft are specific intent crimes, prosecutors must prove not only that the defendant committed the act but also that they intended to steal or commit a felony.
How Witness Testimony Can Impact California Theft and Burglary Cases
One of the most impactful forms of evidence in theft and burglary cases is witness testimony. Theft and burglary cases often come down to “he said, she said” and depend upon what people saw, heard, or believe they remember. When there is little or no physical evidence, such as video footage or forensic proof, a witness’s account may become the deciding factor in whether arrest charges are filed, or a conviction is secured at trial.
During the investigative stage, police often rely heavily on witness statements to identify suspects and establish probable cause for an arrest. However, witness recollections can be unreliable. Misidentification remains one of the leading causes of wrongful convictions in the United States, especially in cases involving theft or burglary where the encounter is brief or occurs at night.
At trial, witness testimony can also shape how jurors perceive credibility and guilt. A confident or sympathetic witness can carry significant weight with a jury. Conversely, if a defense attorney successfully challenges a witness’s credibility or motives, it can cast serious doubt on the prosecution’s entire case. By casting doubt, a skilled attorney can undermine a critical element of the charges, paving the way for an acquittal.
How the Defense Can Challenge Witness Testimony
During a criminal trial, an experienced defense lawyer will closely examine every witness statement for inconsistencies, contradictions, or signs of bias. Another common defense strategy is to raise the possibility of mistaken identity. Cross-examination can expose these flaws and help the jury understand that a witness’s certainty does not always equal accuracy.
If the defense presents its own witnesses, such as alibi witnesses or character witnesses, their credibility becomes equally important. The defense must ensure its witnesses appear truthful, consistent, and unbiased. A credible witness can bolster the defendant’s version of events and balance the scales against damaging prosecution testimony.
Contact The Law Office of Nicolai Cocis for Expert Criminal Defense Representation
The Law Office of Nicolai Cocis has over 25 years’ experience in California theft and burglary defense. If you are facing charges, our skilled legal team can help craft a strong defense, challenge unreliable witness testimony, and present evidence that creates reasonable doubt in front of a jury. In many cases, we have helped clients in Riverside County have their charges reduced, dismissed, or even secured an acquittal. We are ready to guide you through every step of the process. Contact our law firm to schedule a consultation and start building your defense.
