Him and his friend was Going in to a business park place taking thing, his friend was breaking all the locks and camera and the thing that was being broken, yes my husband did take some things but he wasn't the one breaking everything, his friend just keep going back and going back, the stuff was found at our residents, the other guy is trying to deny it, but it was his truck going in and out, and he's the one that keep going back and back. What could this hold. They other guy just got 22 years for running over man trying to kill him so this should show who the violent on is, yes my husband took things but he didn't do any of the breaking thing on the property, and they got back what he had took.
Commercial burglary is a class c felony, so 3-10 unless someone has 2 or more priors. Theft felony level depends on value of items taken. Sometimes the prosecution will argue accomplice liability or joint crime and put the total value of all items taken on everyone involved. This is one of the things a criminal defense attorney would be able to help you attempt to prevent. The breaking or entering is a class d felony with is 0-6 unless someone has two of more priors. The state would need to prove someone entered a facility (such as a building, car, or vending machine) with intent to commit a crime for this charge. Destruction of property is usually charged as criminal mischief, so that could come up as well. Both theft and criminal mischief authorize restitution which would need to be paid through the court. This can be joint and several, meaning your husband could be on the hook for 100% of damages. It would be highly advisable to get a free consultation, I recommend at least three.
We are expressly not creating an attorney client privilege. While I am a criminal defense attorney, I am just speaking in general about the law in Arkansas and not your specific situation. I am not providing advice, I am just assessing a situation. If you are facing charges then it is serious, and you need to schedule a consultation with myself or another criminal defense attorney.
I agree with Mr. Bowman. If your husband has no prior felonies, he's looking at 3-10 years on the commercial burglary, 0-6 years on breaking & entering (usually), and the theft of property charge will depend on the value of the items that were taken. But those numbers go up considerably if he's had prior convictions. A small habitual offender (2-3 prior felonies) would get 3-20 years on commercial burglary, while a large habitual (4 or more prior felonies) would get 3-30 years. That's just on the commercial burglary.
Depending on his criminal history, a good criminal defense attorney might be able to work out some sort of plea bargain that would not involve incarceration, but would have probation or something less than prison.
You do need to know and understand that, under the law, if a person is committing a crime with someone else, he can be charged with everything the other person did, even if he didn't do it all. For instance, in a bank robbery, the person who drives the getaway car is charged with bank robbery just like the people who went into the bank and actually robbed it. So even if your husband was not actually breaking into the building and breaking items in it, he can be charged with it all, just the same.
Your husband really needs to speak with a good criminal defense attorney to at least get an idea of what he's looking at. Many of us do free consultations, so it won't cost him anything to maybe get a little peace of mind.
No attorney-client relationship is established with this answer. It is not to be considered legal advice, but is merely given to point you in the right direction and give you a general answer as to the law regarding the question you have asked.
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