Legal Question in Criminal Law in California

This is impossible to answer without more information. Every case is different, and the sentence will depend on the circumstances of the crime and the defendant's personal situation.

Burglary is entry of a structure or locked car to commit theft or any felony.

Residential burglary is a felony punishable by 2, 4 or 6 years in state prison. It is listed as a serious felony, which makes it a strike under the Three Strikes law. If there is someone present in the house besides an accomplice, it is also considered a violent felony, which would mean the defendant would have to serve 85% of any prison sentence.

Finally, residential burglary is prison presumptive, which means a person convicted of this offense will be sent to state prison unless the judge finds unusual circumstances, such as a young defendant with no significant criminal history, which would justify a grant of probation.

All other burglaries are "wobblers," which means they can be charged as felonies with a maximum prison term of three years, or misdemeanors punishable by up to a year in jail.

Whatever amount is negotiated by your attorney in a plea bargain, or whatever the judge sentences after trial. Four years in prison is the statutory penalty for such charge, subject to enhancement up or down. Now, if serious about getting counsel to defend and represent you, feel free to contact me.