Legal Question in Criminal Law in California

This is cut and pasted from the California Penal Code, you can google it also.

Burglary is punishable as follows:

(a) Burglary in the first degree: by imprisonment in the state

prison for two, four, or six years.

(b) Burglary in the second degree: by imprisonment in the county

jail not exceeding one year or imprisonment pursuant to subdivision

(h) of Section 1170.

If you have a prior first degree burglary (or other strike) and you�re convicted of another felony later; what that usually means is you risk your prison sentence on the new case automatically doubling on the second �strike,� and you must serve at least 80% of that sentence.

If you have more than one strike already, I think you know what that means (potentially)

Get a very good attorney is the only good advice. Good luck on your case!

California Penal Code 496(a)

Every person who buys or receives any property that has

been stolen or that has been obtained in any manner constituting

theft or extortion, knowing the property to be so stolen or obtained,

or who conceals, sells, withholds, or aids in concealing, selling,

or withholding any property from the owner, knowing the property to

be so stolen or obtained, shall be punished by imprisonment in a

county jail for not more than one year, or imprisonment pursuant to

subdivision (h) of Section 1170. However, if the district attorney or

the grand jury determines that this action would be in the interests

of justice, the district attorney or the grand jury, as the case may

be, may, if the value of the property does not exceed nine hundred

fifty dollars ($950), specify in the accusatory pleading that the

offense shall be a misdemeanor, punishable only by imprisonment in a

county jail not exceeding one year.

The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� and fines could potentially be imposed if convicted. As it stands now, depending upon the DA's choices, they can seek between four and ten years. Under 3-Strikes, a prior offense doubles the prison time penalty. Plus, $50,000 or more in fines.