Legal Question in Criminal Law in California

more then likely what will I be charged with for 1st degree burglary when I have no past record and I never entered the house and there was no property in my car but the person that did enter the house ran and got away


Asked on 10/07/09, 6:47 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Your question is a little confusing. Are you saying you have been charged with first degree burglary and you're wondering what your sentence will be or are you asking if you will be charged with burglary?

If you are charged, it carries 2, 4 or 6 years in state prison. It's a strike and if you're convicted, there is a presumption that you should go to prison for at least the minimum of 2 years. The judge can grant probation and give you time in county jail - anything from no time to one year. What you actually get depends on whether or not you're convicted in the first place, your record, the judge, the DA, the specific facts of the case as set forth in the police report and to some extent, your attorney.

If you're asking whether or not you'll be charged - there's not enough to say. If they can prove there WAS a burglary and you participated, even if you never entered, you can be charged under an "aiding and abetting" theory.

My suggestion: Do NOT discuss this with anyone except an attorney. Anything you say to anyone can be used against you, but not what you discuss with your lawyer. Get a lawyer.

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Answered on 10/07/09, 8:24 am


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