A day after my brother died in June of 2016, his Social Security check was deposited as usual into his bank account. Within two days after his death, the funeral home properly notified the SSA and within 24 hours of that notification, the SSA withdrew that last check.
Residential Burglary. Residential burglary is always charged as a felony under California penal code 459. This type of burglary occurs in a structure where the victim lives rather than a commercial establishment. Under the 3 strikes law in California, a conviction of residential burglary will result in a strike.
Criminal Intent. The criminal intent requirement for burglary varies from state to state. In some states, the prosecution must prove the defendant intended to commit a felony or theft. A felony is a crime punishable by incarceration in state prison. In these states, a person who enters a building without permission in order to commit some other minor offense, such as misdemeanor prostitution, has not committed burglary. In other states, the intent to commit any crime will do. The intended crime does not have to occur. It is enough that the person entered the building with the intent to commit a crime.