Legal Question in Criminal Law in California

Re: Question on Burglary and unattached garage

You're correct - an unattached garage is second degree burglary, not first.

The garage must be completely detached - no common walls, shared roof, etc.

Even though the charge may be second degree, because it's not truly a "commercial" burglary, expect that the DA will take this quite seriously.

Re: Question on Burglary and unattached garage

You can argue it should not be residential burglary charged, but that decision is up to the DA, not the defendant. Neither my opinion, nor yours, is relevant to that decision, only to how the charges are defended. He gets to defend whatever charges are brought, with whatever arguments and evidence he has. If serious about getting counsel, and if this is in SoCal, feel free to contact me.

Re: Question on Burglary and unattached garage

Generally different counties and/or different District Attorney offices have a way they will handle cases like this. The difference is if there is anything shared between the garage and the house such as a roof, or wall and stuff along those lines. However, different D.A.'s will handle it differently and it just depends on the situation and the county. Good luck

Re: Question on Burglary and unattached garage

Hard to say. The district attorney will probably charge residential burglary, and whatever else they think will stick to the wall. Having the right attorney makes all the difference in the world. Please have Your Friend call me if he is seeking legal representation.