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How much time in jail can you get for 2nd degree burglary?

Martinez, CA |

My friend has court soon, and she is pleading not guilty. She was there at the time of the crime, but never went inside the bank owned housing development with the other 2 people. What do you think her chances are?

Attorney Answers 1

Posted

Second degree burglary is a "wobbler" which means it can be charged as a misdemeanor or a felony. The maximum punishment for a misdemeanor is a year in jail, and a felony has a potential prison sentence up to three years.

She could also get probation, with up to a year in jail.

First degree (residential) burglary is even uglier, with a maximum of six years in prison. It is also a strike under the Three Strike law, which can increase the punishment for any future felony conviction. If the burglary was a housing project, she may already getting a break with the plea to second degree burglary.

Without knowing all the facts of the case, nobody can give a meaningful opinion about her chances.

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2 comments

Asker

Posted

My husband Got 5 years. But this is his 2nd and they put it for a violent offence. But nothing was violent in the matter. Plus the item wasn't even worth 300 dollars. He has court the 15th. Is there any possible way he could get less then 5 years?

Robert Lee Marshall

Robert Lee Marshall

Posted

I'm not sure if I understand your question, or whether you're posting a followup to the original question or raising a new issue. The California Legislature has decided what constitutes a violent offense, and those crimes are listed in Penal Code §667.5(c). Some are obviously violent offenses, like murder, but the list also includes things like residential burglary when someone is present in the home. That could include a situation where someone walks into an open garage and takes a bicycle, even if the residents are in another part of the house and completely unaware of it. Your husband's attorney has all the facts and is in a better position to answer questions about the potential sentence.

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