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459pc 1st Degree Burglary and an attempted burglary with someone home can you get probation?

Santa Monica, CA |

19 years old no priors being charged with 1st degree burglary and attempted burglary with someone home( 2 different homes), they did not get into the attempted home.
Pleading guilty for a lessor sentence than what the DA is giving, but want to understand if there is eligibility for probation from the judge?

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Attorney answers 5

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If your facts are correct and the person has no record and is being charged with 2 separate Res Burgs (1 being a hot prowl res burg since someone was home), then yes he is "eligible" for probation. WIll he get probation depends on a variety of factors. Keep in mind that these are strike offenses so he is being charged with 2 strikes for the 2 separate homes.



If the Judge and DA are looking at the attempted as a violent strike charge probation might still be granted?

Mehrdad Ghassemkhani

Mehrdad Ghassemkhani


It is still possible. Im sure the attorney is trying to get probation on this type of case. I have had cases with 2 res burgs with a client having no record and worked out probation.


In all likelihood, yes. He will be eligible for Probation (Formal). Given the fact that this is a first offense and a very young defendant, most likely the DA agreed to give him Credit for Time Served and Formal Probation.


The general rule on a 459 first is that you are presumptively ineligible for probation absent "unusual circumstances" In your case, you are youthful, have no record, etc. I would think you could possibly get probation if you have an attorney who can argue that you are a good kid! It will be difficult to do this without a "strike" and some straight time.. Good luck and get an attorney!


These are very serious charges. They are FEONIES and STRIKES. Either speak to his lawyer or make an appointment to speak to one immediately. I wish you well........David


A conviction of 1st Degree Burglary requires a finding of unusual circumstances (IE: youthful offender) for a grant of probation. It is important to note (especially on the plea form) if someone was home at the time as it has an impact on credits. Since they are pleading to some lessor offense you need to consult with an attorney to answer your questions.

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