burglary charges

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burglary charges

What is the time or sentence average for burglary and receiving stolen property?

Asked on May 8, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Burglary Penalties

  • First Degree Burglary is punishable by 2, 4 or 6 years in a state prison except in very unusual cases where probation and county jail are ordered. First Degree Burglary is also a “Strike” under California’s “Three Strikes and You’re Out” Law. What this means is that if you commit any other felony (including some minor drug offenses and felony petty theft) in the future, your sentence on the new case is doubled.
  • Second Degree Burglary is punishable in county jail or state prison depending on how it is filed.
    Second Degree Burglary is a wobbler, meaning that it can be charged as either a misdemeanor or a felony. If it is a misdemeanor then the maximum sentence is a year in county jail. If filed as a felony then the maximum sentence is 3 years in state prison. However, Second Degree Burglary is not a “Strike” under California law.

 

Receiving Stolen Goods Penalties

Depending on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in California (also known as a “wobbler.”)

A typical misdemeanor conviction, for property valued at under $400, is punishable by paying a fine and/or spending up to one year in county jail depending on how the judge classifies this punishment "in the interests of justice." The penalty for a misdemeanor conviction can also be increased if the defendant has any prior theft convictions.

A felony conviction for receiving stolen property or aiding a thief could result in being sent to state prison or county jail for up to 1 year. The prison term is based on the severity of the crime: the value of the stolen property and the defendant’s prior criminal record.


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