California Criminal Defense Attorneys

California Burglary Sentencing

Burglary Sentencing & Punishment - Penal Code Section 459

First degree burglary is a serious felony and a strike under California Penal Code section 1192.5. California punishes strike offenses much harsher than regular felonies. A strike conviction can have a devastating and long lasting effect. A felony conviction with two prior strike convictions can result in 25 years to life imprisonment.

Burglary in the first degree is punishable under California Penal Code Section 461(1) by imprisonment in the state prison for two, four, or six years. Burglary in the second degree is punishable under California Penal Code Section 461(2) of the Penal Code by imprisonment in the county jail not exceeding one year or in the state prison for a term of 16 months, 2 years or 3 years.

If convicted of First degree burglary you must serve at least 85% of your sentence, regardless of good behavior or other circumstances. It also may have serious consequences if you're convicted of another felony later; your prison sentence automatically doubles on the second "strike," and you must serve at least 80% of that sentence. On the third "strike," you may be in prison for life.

Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence may be doubled by the court. It is important to consult with an experienced attorney to determine the consequences of a strike conviction.

If you are accused of Second Degree Burglary, whether or not you are charged with a felony or misdemeanor is entirely in the discretion of the prosecutor. This is why it is so critical to retain an experienced burglary criminal defense lawyer as soon as you find out you are being accused of burglary. Often, your lawyer may be able to convince the prosecution to file only misdemeanor burglary charges, especially if the amount of the value of the loss is less than $400. A misdemeanor commercial burglary carries a potential penalty of up to one year in county jail and a $1,000 fine. A felony commercial burglary conviction is punishable by 16 months, 2 years or three years in state prison or the court has the power to grant you probation.

All burglary charges in California are very serious. They can lead to your arrest and ultimately your spending time in state prison or county jail. You should call Wallin & Klarich today to discuss your options with our knowledgeable Southern California burglary defense attorneys if you find yourself facing burglary charges. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We will be there when you call.



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Burglary Sentencing Attorneywz Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an Orange County burglary defense attorney or burglary crime lawyer for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.

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