Legal Question in Criminal Law in California

Re: Accused of 2nd degree burglary

If you didn't do the crime, I urge you, don't plead guilty, NO MATTER WHAT. A robbery conviction will basically keep you from ever getting a job. Public defenders will say anything to get you to plead guilty to a crime you didn't commit -- DON'T DO IT.

Re: Accused of 2nd degree burglary

You've already been told by the DA what you're facing - that was the deal offered. What don't you understand? Your options are: make a deal, or go to trial. Work with your attorney to get the best deal, or make sure you understand the risks of going to trial -- stiffer sentencing than the deal offered if you get convicted. These consequences are of your own making by participating in a robbery, so deal with them now as intelligently as you can.

Re: Accused of 2nd degree burglary

Thank you for your posting. "Any info on what i am facing" is a big subject, and very difficult to speculate on without reading the reports, and assessing the proof against you as to each element of the crime.

In general, however, felony robbery is a jail or prison time crime. Second degree robbery (PC 211) is punishable by 2 years, 3 years, or 5 years in the state prison, so the offer you received is below the minimum of 2 years, probably by staying the remainder of the sentence via stipulation and through probation.

Unless you are being charged with being in a gang, your friends, affiliations, or tattoos are irrelevant.

You do have an option if you don't like the plea bargain -- you can fight the case, and force the prosecutor to prove the case at a preliminary hearing, or trial.

I've had cases dismissed at a preliminary hearing, where and when there isn't enough evidence to proceed.

I hope this helps, but if you would like any other information, or have more questions, please feel free to email me directly, at [email protected]. It's my pleasure to help.