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

Asked over 4 years ago - 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)

  1. Robert Lee Marshall

    Contributor Level 20

    Answered . 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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