Legal Question in Criminal Law in California

Whats the most someone can face in jail for burglary?


Asked on 5/04/12, 10:55 pm

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

It depends on the charge level, circumstances of the case & the person's previous criminal history.

Generally for first degree residential burglary (a felony), the person can face two, four, or six years in prison. For second degree burglary as a felony, the person can face sixteen months, or two or three years in the state prison; and if as a misdemeanor, up to one year in a county jail.

If convicted of or plea to a misdemeanor burglary, and there are no other charges or "enhancements" (sounds like a good thing, but is not) then one year in jail would be the max sentence, of which one could potentially actually serve substantially less.

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Answered on 5/04/12, 11:13 pm
Terry A. Nelson Nelson & Lawless

Any felony carries at least one year in prison. Depending upon which of the various available charge[s] the prosecutor brings against you, and depending upon any priors and strikes enhancements, probably anywhere from two to 8 years. Now, if serious about hiring counsel to represent you in this, feel free to contact me.

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Answered on 5/06/12, 1:15 pm


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