If I stole under $80 worth of clothes and am charged with burglary, if I’m 21 and this is my first offense can I go to jail?

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If I stole under $80 worth of clothes and am charged with burglary, if I’m 21 and this is my first offense can I go to jail?

I was at a department store and scared. I said that I had intentions of taking clothes when I sort of didn’t but I elt obligated and talked to the cop. I was read my Miranda rights. Can this be dropped to a charge with a lesser extent such as petty theft?

Asked on June 11, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In all states in this country, burglary is a felony and most people convicted of a felony are sent to jail for some length of time even if the offense is their first offense.

Given the difficult circumstance that you now find yourself in, I suggest that you consult with a criminal defense attorney about the charge against you. Potentially such an attorney may be able to work some plea bargain for a lesser included offense such as petty theft with no jail time.


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