My husband was charged with burglary he's in custody.has no prior onvictions can he b released w no jail time on any program?

Answered December 02, 2009 16:50. Your husband's attorney, who should have reviewed all of the evidence by now, is in a much better position to advise your husband than a stranger on the Internet who knows nothing about the case.

If it is a first degree burglary (burglary of of a residence, which includes homes, apartments, houseboats, mobile homes, etc.), the sentencing range is 2, 4 or six years. It is "prison presumptive," which means the judge must send him to state prison unless there are unusual circumstances that would justify probation. Being a first offender is one factor that weighs in his favor.

All other burglaries are second degree, and the sentencing range is 16 months, 2 or three years.

Under some circumstances, a plea for a two year sentence might be a great deal; under others, it might not be. Without much more information about the case, there is no way to tell.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.