CALIFORNIA CRIMINAL LAWYERS

Looting in Los Angeles

Looting: The Act of Prominent Theft in Los Angeles During an Emergency

Looting is an anomalous crime since it is legally defined as an act of theft or burglary that specifically happens during a state of emergency. This illegal activity usually transpires during natural disasters, such as floods, fires, riots, earthquakes, or storms, or times of civil unrest that overwhelms and incapacitates the personnel, facilities, or services of an area. To deter people from engaging in such illegal activities, the state of California, through California Penal Code 463, has strict penalties for those convicted of looting. The City of Los Angeles also implements the general California laws against looting that aim to ensure the safety of life, property, and public order of its constituents.

What is Looting, and what does it constitute legally?

A state of emergency is declared either by the governor for a statewide event or a city’s governing body for a citywide event. California Penal Code 463 defines looting as committing an act of either petty theft, grand theft, or burglary during a local or statewide state of emergency. Theft is legally defined as taking an item from another person without their consent, and depending on the value of the stolen item, a person can be charged with either petty theft or grand theft. Burglary is similar to theft, but it occurs when a person enters an uninhabited property with the intent of theft. Hence, a person may be charged with looting if they enter a store with plans to take items without paying, even if the person does not succeed in stealing anything.

What are the severe consequences of looting in Los Angeles?

The punishment for looting will depend on the specific nature of the crime. If convicted of looting with petty theft, which is a theft of goods under $950, the accused will face a legitimate misdemeanor charge, which carries a maximum penalty of six months in jail, $1,000 in fines, and 80 hours of community service. On the other hand, a person who loots with grand theft or burglary will face either a misdemeanor or a felony, depending on the circumstance. If the value of items stolen is above $950, a firearm, or a car, the person will face a felony charge. A misdemeanor looting charge has a maximum penalty of $1,000 in fines and 364 days in jail. Meanwhile, the maximum penalty for a felony looting charge is $10,000 in fines, 16 months, two years, or three years in jail, felony probation, and 240 hours of community service. For both misdemeanors and felonies, the minimum sentence is 180 days in jail.

What are the defenses against looting charges?

Since looting happens during a state of unrest, proving the crime beyond reasonable doubt can be challenging. During emergencies, everything is chaotic, so sound evidence is often not available, and police often violate search and seizure laws. Therefore, hiring a skilled attorney can help someone avoid a conviction for looting. Successful defenses include claiming that a person did not have the intent to burglarize a structure, proving that police did not follow the due process, or that the person gets mistakenly identified as a looter.

Conclusion

Looting is an illegal activity that often occurs during a state of emergency that cripples a community, making legal punishment severe to deter people from doing so. Thankfully, individuals who find themselves a wrongful accuse have several legal defenses at their disposal. However, it is to hire a reputable lawyer who can help in avoiding felony charges or mounting an effective legal defense. Contact a law firm today for assistance if you or someone you know has been charged with looting.

Table: Penalties for Looting in Los Angeles

| Looting Type | Stolen Item Value | Penalty Type | Maximum Penalty | Minimum Sentence |
|————–|——————|————-|—————-|—————–|
| Petty Theft | Under $950 | Misdemeanor | 6 months in jail, $1,000 in fines, and 80 hours of community service | Misdemeanor probation and 90 days in jail |
| Grand Theft/Burglary | Over $950, firearm, or car | Misdemeanor or Felony | Misdemeanor: $1,000 in fines and 364 days in jail, Felony: $10,000 in fines, 16 months – 3 years in jail, and 240 hours of community service | 180 days in jail |