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What is the time or sentence average for burglary and receiving stolen property?
Asked on May 8, 2009 under Criminal Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
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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