Can burglary and conspiracy to commit burglary be dropped to a misdominer?

Attorney answers (2)

1. Licensed in CA

   

   John M. KamanPro

   San Francisco Criminal Defense Attorney

   Contributor Level 20

   

   EmailVisit website

   Answered July 16, 2011 16:59. Yes. A conspiracy to commit a misdemeanor is a felony. The cop was overacting most likely. When the DA gets the police report he or she will proceed on misdemeanor petty theft and forget the conspiracy. That's silly.

   • John M. Kaman

   • Mark as helpful
   • Flag
2. Licensed in CA

   

   David Pullman

   San Rafael Criminal Defense Attorney

   Contributor Level 19

   Answered July 16, 2011 17:23. The police commonly throw everything but the kitchen sink at people, but it is the DA who gets to decide what you are actually charged with. You could be charged with second degree burglary or conspiracy, both of which can be charged as either a misdemeanor or a felony, or, you could be charged with a petty theft as a misdemeanor. It'll depend on the DA, but odds are, at some point in the process, it'll be reduced to a misdemeanor.

   • Mark as helpful
   • Flag