459-460(a) PC F Burglary; first degree 10851(a) VC F Unlawful taking of vehicle How much time can be given for these?

Asked about 4 years ago - San Juan Capistrano, CA

How much time can a person get for these charges?

Attorney answers (3)

  1. Charles David Eyster

    Contributor Level 7

    Answered . The punishment in California for a burglary in the first degree is found in Penal Code section 461(a). That section states, "Burglary is punishable as follows: (a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years." Of course, if probation is granted by the court, the punishment as a term of probation can be up to 365 days in the county jail.

    In California a first offense unlawful taking of a vehicle, a violation of Vehicle Code section 10851(a), is a wobbler (can be charged as either felony or misdemeanor at the discretion of the District Attorney). The punishment is imprisonment in a county jail for not more than one year or in the state prison or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment. The "state prison" reference means a commitment of 16 months, 2 years, or three years. The penalty may go up if the unlawful taking involves special vehicles or the person convicted has certain prior convictions.

  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . Burglary in the 1st degree is 2, 4 or 6 years in state prison; car theft is a wobbler that can get you up to 1 year in CJ if charged as a misdemeanor or up to 3 years in state prison if charged as a felony. It is not possible to say how much time you would actually get as that depends on facts and circumstances not given here. In addition under CA's sentencing law the judge chooses a principal term with enhancements plus 1/3 the subordinate term. Whether the judge chooses 2, 4 or 6 years as a principle term is within his discretion. A likely outcome might be 6 years principle term plus 1/3 of the middle term on the car theft resultin in a sentence of 6 years 8 months.

  3. Robert Lee Marshall

    Contributor Level 20

    Answered . First degree burglary means residential burglary. It is a felony with a sentence of two, four or six years in state prison. It is also "prison presumptive," which means a judge must sentence the defendant to prison unless there are unusual circumstances that would justify probation.

    Finally, residential burglary is a "strike" under the Three Strikes law and can increase the punishment for any future felony.

    Vehicle Code 10851 is a "wobbler" that can be charged as a misdemeanor with a maximum of a year in jail, or a felony with a potential prison sentence of three years.

    Due to the way felony sentencing in California works, the maximum sentence on a conviction for both of these offenses is six years, eight months.

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