Legal Question in Criminal Law in California

Re: 459pc

If Your Friend gets a good lawyer, he could possibly beat the rap and not have a permanent felony record for burglary when he gets out of prison.

Re: 459pc

Impossible to answer your questions in detail without more facts. Conviction for PC459 second degree commercial burglary - which is what I think is at issue here - without prior record should be eligible for a probationary sentence. However, probation could come with or without significant time in county jail depending upon various factors such as the courthouse, the judge, the DA, defendant's character, amount stolen and, perhaps most importantly, the quality of the lawyer you should hire to defend you.

If shoplifting during open business hours was involved, the offense should be downgraded to simple theft - petty or grand depending upon the amount/value stolen.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: 459pc

I think that everyone on this forum would need more info to better determine the probable or likely outcomes of your friends case. Have you friend consult with a criminal defense attorney in his area.

Re: 459pc

More info could narrow the answer...variables include..total amount taken, filed as a felony or misdemeanor, age of the offender, personal history of the offender, video, confession?, which Court, which Judge, which lawyer...the list goes on.