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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.