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SD criminal code, what is possible sentence for 2nd degree burglary

how much time am i looking at for a second degree burg charge

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Reputation Level 19
Given the age of this question, I am answering it for all of the other viewers who may have a similar question.

Many questions like these are posted on Avvo.com, and are respectfully almost impossible to answer. A recitation of statutory ranges for each type of offense can have no correlation to the sentence that the Court will impose, since it is not a negotiated plea with a stipulated sentence. Sentencing depends on the Court's balancing of a wide range of aggravating and mitigating sentencing factors (such as prior arrest record - not just felonies, both adult and juvenile; prior conviction record - not just felonies, both adult and juvenile; the facts of the present case; and, the victim impact statement). These and the other sentencing factors can result in the maximum sentence allowed by both the charges for which a person has been convicted, to include applicable extended term provisions, and consecutive sentencing; or, the imposition of a probationary term. Discuss these factors, and the possible sentencing range with his lawyer to determine what the probable sentence can be, which will still be a guess, but based on an analysis of the entire set of circumstances that can impact a sentence. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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