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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 11-22-2009, 09:17 PM
girl1453 girl1453 is offline
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Default Typical attempted burglary sentence?

Wondering about what a likely sentence in this case would be - They're both 18 and charged with attempted burglary(residential) and conspiracy to commit a felony. Apartment unit wasn't occupied but the immediately adjacent unit was and freaked the neighbor there out, though they never even saw the neighbor. They have no chance at fighting it - they were caught while still on scene with tools, minor door damage, and many witnesses, some of whom were cops.

Two questions: Isn't attempted burglary and conspiracy charging them twice for the same thing? Will one get dropped? If it doesn't would that be 2 strikes? Would their age help them? Would giving a bunch of idiotic and conflicting lies to the cops hurt them? I'm not saying there shouldn't be consequences to their actions, but is this going to wreck their lives? Any chance at probation/county jail or is prison likely? If they steal a candy bar in the future will they get 25 to life?

Not familiar with the legal system. just feeling a combination of anger at and fear for this person.
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  #2  
Old 11-22-2009, 10:33 PM
Gryphon Gryphon is offline
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What criminal records do they have, including juvenile history? How much family support? Gangs? Drugs? What were they trying to steal, and why? Mental health issues? There's not really a "typical" sentence for this kind of crime.
There's a chance of no strike if the DA wants this to be 664/487 (attempted grand theft). There's a chance of county jail instead of prison because of their age. Sounds like no chance of picking up more than one strike.

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Originally Posted by girl1453 View Post
Wondering about what a likely sentence in this case would be - They're both 18 and charged with attempted burglary(residential) and conspiracy to commit a felony. Apartment unit wasn't occupied but the immediately adjacent unit was and freaked the neighbor there out, though they never even saw the neighbor. They have no chance at fighting it - they were caught while still on scene with tools, minor door damage, and many witnesses, some of whom were cops.

Two questions: Isn't attempted burglary and conspiracy charging them twice for the same thing? Will one get dropped? If it doesn't would that be 2 strikes? Would their age help them? Would giving a bunch of idiotic and conflicting lies to the cops hurt them? I'm not saying there shouldn't be consequences to their actions, but is this going to wreck their lives? Any chance at probation/county jail or is prison likely? If they steal a candy bar in the future will they get 25 to life?

Not familiar with the legal system. just feeling a combination of anger at and fear for this person.
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  #3  
Old 11-22-2009, 10:46 PM
girl1453 girl1453 is offline
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Thanks. No adult record or gang involvement(that I know of anyway). Just turned 18. One juvenile misd shoplifting conviction($75 value) from a couple years ago, also had a juvie marijuana posession charge dropped at the same time(though that was a nothing charge anyway, from what I understand). Don't know exactly what they were trying to steal - just that they knew some 15 yo girl and, without her knowledge(as far as anyone knows anyway), decided to go for her dad's place. Also the other one had a much more serious record I think(1 juvenile agg assault conviction) than he did.

Edit to add: He's also been dxd bipolar. Family is supportive but has a lot of alcoholics. This is NOT going to help his chances at finding a job in the future....

Last edited by girl1453; 11-22-2009 at 10:49 PM..
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  #4  
Old 11-23-2009, 12:09 AM
plumcrazy209 plumcrazy209 is offline
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my brother just got sentenced. he had about 6 charges burglary, possession of stolen vehicle (trailer), felon in possession of firearm, felon in possesssion of ammo, possession of drugs, grand theft. his p.o. came to the house where he was staying for a sweep and that's where they picked up the gun, ammo and drugs (they weren't in his "possession") so they told him if he pled guilty to others they would drop possession charges. he ended up getting 16 mo. for each charge to be served concurrent. meaning to be served at the same time. this is my brothers first prison term. he's been in county multiple times for 9-12 month stretches each time. my mom has custody of his kids because they weren't being taken care of. and so on.....
I'm not trying to sound insensitive, but maybe this will be a wake up call to him and will save his life. my brother continously slipped through and got off light and he is almost 40 and has absolutely nothing except a record.
good luck to your friend.
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Old 11-23-2009, 03:12 PM
Gryphon Gryphon is offline
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Sounds like the defendant with the significant record will end up with a strike, and it'll be a close call regarding whether it's a prison sentence. Maybe his age will save him.
The other co-defendant might be able to argue that the was under the influence of the more criminally oriented other guy; and that the unmedicated mental illness (now medicated) played a part. That could possibly result in a local sentence and a non-strike disposition if everything goes as well as it can for him.

Not good for future employment? It's a very bad thing. Employers are slow to hire a thief. The second co-defendant might get a wobbler that could be reduced to a misdemeanor after completion of probation. The misdemeanor can then be dismissed. That's helpful with employers who don't do comprehensive background checks.

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Originally Posted by girl1453 View Post
Thanks. No adult record or gang involvement(that I know of anyway). Just turned 18. One juvenile misd shoplifting conviction($75 value) from a couple years ago, also had a juvie marijuana posession charge dropped at the same time(though that was a nothing charge anyway, from what I understand). Don't know exactly what they were trying to steal - just that they knew some 15 yo girl and, without her knowledge(as far as anyone knows anyway), decided to go for her dad's place. Also the other one had a much more serious record I think(1 juvenile agg assault conviction) than he did.

Edit to add: He's also been dxd bipolar. Family is supportive but has a lot of alcoholics. This is NOT going to help his chances at finding a job in the future....
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