Can the store charge my brother with burglary for shoplifting about $25.00 worth of meat from a grocery store?

Question

My brother made a mistake and shoplifted about $25.00 worth of meat from a grocery store. They are trying to charge him with burglary. This is the first time he has ever done such a thing. Can they do this?

John J. Carney · Answer

He did not make a "mistake" he intentionally committed a theft crime. If he was charged with burglary they must have accused him with breaking and entering a location in the store "to commit a crime". I do not know the facts, but you should retain a good criminal lawyer to handle the case. The prosecutor will probably allow a reduced plea with probation if he is in fact guilty and it is a first offense.

Francis Cowhig · Answer

Yes, they can.  I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your brother's case.  He/she would then be in a better position to analyze his case and advise you of his options.

Geoffrey MacLaren Yaryan · Answer

Burglary is entering a location with the intent to commit a crime. If they   can prove he entered the store with the intent to shoplift, then he can be   charged with a burglary.

Cynthia Henley · Answer

This is a new trend in charging - if someone enters a store and has NO money and steals, then they assume they entered with the intent to steal which is not a legitimate reason to enter.

Jeff Yeh · Answer

Of course they can. All they need to do is call the police, and the prosecutor will file charges. Burglary and petty theft are crimes of moral turpitude, so if convicted, your brother can kiss his career aspirations goodbye. He needs to hire a good lawyer before he gets duped into a plea that he will regret for life.

Michael Kelly · Answer

Any type of larceny is punishable in Massachusetts.   The degree of punishment is reflective of the monetary amount of the goods that were taken.  In your scenario, you may be charged with larceny under $250, a misdemeanor which carries with it a possible jail sentence of 1 year or a fine or $300.  Given the facts above it is unlikely that the store can charge your brother with burglary.  Burglary is the trespatory entering with the intent to commit a felony.  Unless the store was closed at the time or your brother had been banned from the store, he was most likely not a trespasser.

Mark Broughton · Answer

Yes. Entering a store with the intent to commit a felony or theft is a second degree burglary.

Andrea Rogers · Answer

Yes, the store can charge our brother with burglary. Here's the legal  definition of "burglary" in Missouri:  A person commits the crime of burglary in the first degree if he  knowingly enters unlawfully or knowingly remains unlawfully in a  building or inhabitable structure for the purpose of committing a crime  therein, and when in effecting entry or while in the building or  inhabitable structure or in immediate flight therefrom, he or another  participant in the crime:  (1) Is armed with explosives or a deadly weapon or;  (2) Causes or threatens immediate physical injury to any person who is  not a participant in the crime; or  (3) There is present in the structure another person who is not a  participant in the crime.  Burglary in the first degree is a class B felony.  Your brother needs to hire a criminal defense attorney to represent him.

Jared Austin · Answer

If the place was open for business at the time the charge should be retail fraud and not burglary.Check again to make sure what he is actually charged with because burglary is a much more serious offense.

John Brennan · Answer

It depends on the circumstances as to how he stole the meat. Shoplifting is generally prosecuted as "shoplifting" or "retail fraud". one way or the other he is in trouble and needs an attorney to help minimize the damages he has visited upon himself.

Steven Fairlie · Answer

Burglary requires entering without permission so unless he had been banned from the store or came in after hours I don't think that charge will apply.  You should take the paperwork to a good lawyer for a consultation to make sure.

Dennis P. Mikko · Answer

Your brother's actions could result in two possible charges.  One is retail fraud third degree, a misdemeanor.  The other is larceny from a building a 4 year felony.  What he is charged with will be determined by the prosecuting attorney.

James Gandy · Answer

If the District Attorney thinks that they can prove that your brother entered the store with the intent to steal, then they can charge your brother with burglary.  It is the District Attorney, not the store, that will charge your brother with charges.

Romeo Perez · Answer

Any unlawful taking of merchandise can be reported as a crime.  Burglary not necessarily be the crime he is ultimately charged with, the District Attorney decides the charges to be filed.  If he is charge, give me a call to make an appointment to discuss any defenses and rights concerning his case.

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Can the store charge my brother with burglary for shoplifting about $25.00 worth of meat from a grocery store?

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