What count is consider a first degree burglary?

Asked about 1 month ago - Long Beach, CA

how many counts is considered a first degree burgley with already having two strikes on your record?

Attorney answers (6)

  1. Joseph Briscoe Dane

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    Answered . It's not the number of priors.

    First degree burglary is residential burglary. All others are second degree.


    You may be thinking of petty theft with a prior. That used to be one prior and your second could be a felony. Now it is 3 priors and your fourth can be a felony (with some exceptions based in prior convictions).

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  2. Andrew Stephen Roberts

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    Answered . Mr. Dane is correct. First degree is residential burglary . Your priors will not help.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Jay Scott Finnecy

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    Answered . I agree with Mr. Dane. 1st Degree buglarly is the burglary of an inhabited dwelling--commonly called Residential Burglary.

    Experienced Criminal Defense Attorney--Free Consultations--call or email today.
  4. Michael Kevin Cernyar

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    Answered . First degree burglary is for residences. Shop lifting is called second degree burglary. With two strikes don't expect any good bargains. He will have to fight every step of the way so make certain he has a great attorney. Best wishes.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  5. Peter John Marek

    Contributor Level 19

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    Answered . Mr. Dane is correct. As a former prosecutor and current criminal defense attorney known for writing his own motions and regularly winning in court you would be very wise to hire him especially if you already have two strikes on your record. Good luck. Hope this helps?

  6. Brian Russell Michaels

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    Answered . I agree with my colleagues. If you need more information consult with an attorney privately. Many of us on AVVO offer free consults, call around.

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