Legal Question in Criminal Law in California

Re: Standing accused

It really depends on the precise nature of your previous conviction(s) (felony vs. misdo), the precise nature of the current offense (1st or 2nd degree burg), the existence of any prior prison terms and any other prior criminal history. You have not provided enough facts to adequately estimate your possible exposure. Generally a 2nd degree burglary offense carries a 16 mo, 2, or 3 year term. Also, up to one year in county jail can be imposed with a grant of probation for a 2nd degree burglary offense.

Re: Standing accused

If your prior is a misdemeanor and you served at least one day in custody, a new theft charge can be filed as petty theft with a prior under Penal Code section 666. That can be either a felony or a misdemeanor. As a felony, it carries up to 3 years in state prison. As a misdemeanor, it carries up to 1 year in county jail.

If your prior was for residential burglary, it's a strike and can almost guarantee that your new theft will be filed as a felony and doubled because of the strike, making you face a minimum of 32 months in prison and a maximum of 6 years.

No matter which way the new case is filed, being on probation for theft and committing another is almost assured that you'll be violated on probation and can receive additional punishment (up to the maximum on the charge you were on probation for) in addition to the new case.

Bottom line? You need a good criminal defense attorney.