The house has been under construction with no inhabitants for more than 2 years based on the building permit. The is no Certificate of Occupancy allowing anyone to live there. There was nothing taken from the property and their are no prints or evidence putting them in the house. So, my question is, can this be classified as a commercial burglary with less than $950 taken which, is a misdemeanor?
Your defense attorney will negotiate with the district attorney regarding what they are willing to do short of trial. There is no way anyone can give an honest opinion without seeing the police report and any discovery involved in the matter. If you cannot afford to hire an experienced criminal defense attorney, ask for the public defender the first time you go to court. Changing to criminal defense.
Everything is negotiable, to an extent. A residential burglary (460 PC) in CA is a strike felony, and very serious. For it to be residential, a person generally has to have the ability to live in the dwelling. Depending on the evidence against you, your previous record, and your attorney, you may be able to avoid a serious or violent felony. Contact a competent attorney on this list asap.
You've posted the same question before and the answer remains the same: Residential burglary is a serious crime. This isn't a DIY project. You should let your lawyer handle it.
If you're one of those misguided lawyers who thinks posting on Avvo is a substitute for your own legal research, you should refund the client's money so he or she can hire a competent lawyer, and resign from the state bar.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
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