How much time could someone get for repeat felony theft in California? 5 Answers as of November 27, 2010

My son is being charged with felony theft with priors. He and his friends got caught breaking into cars in the suburban neighborhoods when the car alarm went off. He has a long record of drug crimes and thefts. What could he face, how long could he go?

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Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
Car burglary can be a misdemenaor or a felony in California. Because of his prior theft convictions, he will probably be facing felony charges for his recent actions.

Both car burglary and petty theft with a prior have maximum sentences of three years in state prison for each charge. If he has any prior convictions for house burglary (which is a "strike"), these maximum sentences would double.

If you have any other questions, please contact my office.
Answer Applies to: California
Replied: 11/27/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If he has one prior strike he faces doubling of penalty on whatever actual charges are filed against him now. With two prior strikes he faces 25-life. If he is serious about hiring counsel to represent him, feel free to contact me. He definitely need legal help.
Answer Applies to: California
Replied: 11/26/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Without knowing more details of his prior felony convictions, it is difficult to answer this question completely. If he has theft related "strikes", i.e. residential burglary or robbery, his possible exposure could be very severe. If his priors are theft misdemeanors only, his first felony conviction for auto burglary will probably result in probation with a county jail sentence, unless he has a current drug problem and enrolls in a residential program. If he falls somewhere in between, he could receive a short prison sentence or probation and substantial county jail time depending on many factors.
Answer Applies to: California
Replied: 11/26/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
PC 487 (grand theft) carries a penalty of 16 mo - 2 years - 3 years. Generally they chose the mid term (2 years) but in his case they might chose the aggravated term of three years. If he is on probation they could revoke that and sentence him to the amount of time of the crime (ie. drugs) that he was on probation for. His record will really hurt him. I am not certain whether he has accumulated any strikes but one strike doubles the base term. Anyhow, sonny is in deep doo doo.

If his court is in the Bay Area feel free to call me. If elsewhere I can probably recommend a good lawyer there. But if he qualifies for the public defender let him use that office.
Answer Applies to: California
Replied: 11/24/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
The worst thing he is facing is prison. How long depends on several factors which your question doesn't include. If he was charged with breaking into cars that probably would be charge as an auto burglary. What other enhancements would depend on other factors and the nature of his priors. Auto burglarys maximum sentence is 3 years in prison.
Answer Applies to: California
Replied: 11/24/2010
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