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First-Time Burglary Arrest: Potential Punishment?
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45+ Years Criminal Defense

Experience in California

Our son has just been arrested for burglary. He has no prior record. What punishment is he facing?

Your son is either facing first or second degree burglary charges. If he is alleged to have entered a residence with the intent to commit a crime in the home, he is facing the most serious type of crime, a “strike offense”. He is facing up to six years in prison and if he is found guilty and sentenced to prison he must do 85% of his time and then will be on parole. He also will have a “strike” on his record which he needs to try to avoid. If he is accused of a commercial burglary, which means entering a business with intent to commit a crime therein, he is facing up to 3 years in county jail and a felony conviction.
To be found guilty of burglary the burden is on the prosecution to prove beyond a reasonable doubt that your son had the “specific intent” to commit a crime at the time he entered the building.


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