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Are these the wrong charges??? PLEASE HELP!!?

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Are these the wrong charges?? PLEASE HELP!!?

An affidavit was filed against me from my former employer states I commited embezzelment but they charged me with commercial burglary, Can anyone help me or explain this to me.Isn't burglary (breaking and entering) meaning forced enrty? Also after giving my statement as to where I was I heard nothing for 3 weeks and then all of a sudden I get a call to come down for more questioning come to find out it was the same day the affidavit was filed, The crime took place 2 weeks before that. All of this is crazy to me please Any help would be great

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3 ANSWERS


  1. Unfortunately only a lawyer would have the detailed knowledge of the law to give you correct advice. You desperately need to retain a lawyer. You are wasting valuable time asking for help here. To answer your question requires full detailed knowledge of the circumstances of the case which you couldn't present here.


  2. No burglary just means taking something that does not belong to you. Embezzelment is a form of burglary.

  3. "Second degree burglary is any burglary that does not take place in an inhabited dwelling place, commonly called commercial burglary. Commercial burglary usually takes place in businesses. You can be charged with commercial burglary when you have the specific intent to steal something from a store when you walk in the door. Typically, commercial burglaries will be charged as misdemeanors when the value of the property taken is less than $400.00. If the value is over $400.00 then the burglaries will be charged as felonies. So, you can be charged for misdemeanor commercial burglary when stealing something as little as a pack of gum. The maximum penalty for misdemeanor commercial burglary is one year in the county jail, although the penalties are often much less than that. If the value of the property is over $400.00 you will most likely be charged with a felony, however Miller and Associates can reduce the felony to a misdemeanor in some cases. The penalties for felony commercial burglary can be probation (up to one year in the county jail) or 16 months, two years or three years in prison. Since commercial burglary is not a strike people will be allowed to serve just 50 percent of any prison sentence."

    It sounds like you're better off having been charged with commercial burglary.  My understanding is that embezzelment would bring about much harsher punishment.

    Good luck to you.

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