Legal Question in Criminal Law in California

Yes, it is possible for you to be charged with related or earlier crimes that would not invoke double jeopardy. The DA will certainly not casually file charges that they can't support. If you are charged, then feel free to contact me for legal help.

I think you asked a good question. The general rule is that the Double Jeopardy Clause prohibits a state from trying a defendant for a greater offense after he has been convicted of a lesser included offense. Obviously, in this situation, you have been convicted of the lesser offense of receiving stolen property and do not want to be convicted of residential burglary, where you may have obtained the stolen property you were convicted of receiving.

The problem is that the DA's office uses an exception to the Double Jeopardy rule. In California, burglary and robbery are considered separate and distinct from the charge of receiving stolen property. In other words, receiving stolen property is a different charge, and not "lesser included charge." The key case on this is People v. Derenzo. (2nd Dist. 1941) 46 Cal.App.2d 411, 418. In that case, the defendant was acquitted on a count of receiving stolen property, and attempted to argue that later prosecution for the charge of burglary was barred by the Double Jeopardy Clause. The Court of Appeal disagreed, stating that receiving stolen property was a different offense, and not a lesser included offense, of either robbery or burglary.

You may have an argument along the lines of Penal Code section 654, however. It is worth researching and looking into.