Legal Question in Criminal Law in California

You previously asked almost exactly the same question, but have added the fact that he completed probation on the grand theft charge. Because probation is over, he would not get any additional time on that case... but he won't get any credit against the burglary sentence for the five months he served, either.

First degree burglary is entering a residence with the intent to commit theft or some other felony. If the defendant is sentenced to state prison, the judge can choose from terms of two, four or six years. The judge will consider the circumstances of the case, the defendant's prior record and other relevant factors in choosing a prison term.

Residential burglary is "prison presumptive," which means a person who is convicted must be sentenced to prison unless the judge finds it is an unusual case where the interests of justice would be served by granting probation. The judge will consider your boyfriend's age, criminal history and other facts related to the offense to determine whether it is an unusual case.

Residential burglary is listed as a serious felony, which makes it a "strike" under the Three Strikes law. If someone other than the defendant or an accomplice was present in the home at the time, it is also considered a violent felony.

Most people sent to prison serve half of their sentence before becoming eligible for parole; however, if this offense meets the criteria above to be considered a violent felony, the defendant would have to serve 80% of the sentence.

With one 'strike', he faces double the normal 4 year sentence. With two 'strikes', he's facing 25 to life. The charging Complaint will tell him everything he needs to know. If he wants to hire private counsel, contact me. If he can't, then apply for the Public Defender.