Legal Question in Criminal Law in California

Re: Question on residential burglary and jury trial

You are confused. The DA is the one trying to send him to prison. His lawyer is working to keep him out.

The best way to learn about the process is to go to the courthouse and watch a jury trial,.all trials are open to the public.

Re: Question on residential burglary and jury trial

"DA" stands for District Attorney. I'm sure you meant to state that your boyfriend's "PD" - meaning public defender is trying to get the case dismissed. In California there are first degree and second degree burglary. First degree is more serious in that there's a presumption against probation, it may be a strike, and it is not a "wobbler." Burglary is punishable as follows:

1. Burglary in the first degree: by imprisonment in the state

prison for two, four, or six years.

2. Burglary in the second degree: by imprisonment in the county

jail not exceeding one year or in the state prison.

In California, generally the jury is made up of 12 jurors and one alternate. A unanimous jury panel is needed to convict an individual of the charges -- All twelve jurors must be convinced beyond a reasonable doubt that the defendant is in fact guilty of the offense. The jury decides the issue of guilt and also any factual issues affecting the term of the sentence. The Judge decides and imposes the sentence.

If the defendant is also charged with having committed a prior felony resulting in a prison term, that too is a question of fact for the jury to decide. The DA will put on evidence of the defendant's prior felony/prison term and the jury will consider the evidence and be asked to render a verdict on that allegation as well.