Is there a chance the judge will reduce a burglary conviction to a misdemeanor? 12 Answers as of March 21, 2011

My wife was fired and arrested for burglary from her previous employer, it's her first offense and the value of the property is about $200 to $300. Is there a chance the judge will reduce the conviction to a misdemeanor with the public attorney, without us having to hire our own?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It is certainly possible and it depends on how well your attorney, appointed or retained, presents both the equitable and other issues of the case to the prosecutor (who can of course object to any such reduction) and the court.
Answer Applies to: California
Replied: 3/21/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Possible. Maybe even the DA will agree to a reduction. Depends on the other facts.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Yes, there is a chance. Second-degree burglary is a 'wobbler', and can be either a misdemeanor or a felony. A Judge can reduce the charge to a misdemeanor, even if the District Attorney does not agree. A lack of a prior record, a low level of loss, acknowledging responsibility early on, paying restitution -there are other factors - all contribute to the possibility of a misdemeanor disposition.
Answer Applies to: California
Replied: 3/17/2011
Law Offices of Philip P. De Luca
Law Offices of Philip P. De Luca | Philip De Luca
Yes, it is very possible this will be reduced to a misdemeanor, due to the value of the property. Was there actually a conviction? Because if not, this charge is likely to be reduced to a misdemeanor.
Answer Applies to: California
Replied: 3/17/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It is possible, depending on the factors of the case. Usually this would be worked out with the prosecutor. It is possible that a private attorney or public defender can work out a good deal for you and get the felony reduced to a misdemeanor. Just keep in mind that public defenders have a huge case load, so they (generally speaking) are not able to spend to much time communicating with their clients. It's the nature of their job. If you are concerned and want some time discussing your case at more length, I would recommend consulting with a private attorney.
Answer Applies to: California
Replied: 3/16/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    I'm a little confused, as the minimum amount for a felony is $400. Anyway, if she has successfully completed probation, then an expungement is usually not a problem. You can get the paperwork to do this yourself at the clerk's desk. It's called an expungement packet. I charge $1,500 to do them. I don't believe Public Defenders will do them for you.
    Answer Applies to: California
    Replied: 3/16/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Conviction? That means she has already been tried and found guilty, or entered a plea bargain. Too late to change your mind.

    If you actually mean can she try to negotiate a plea bargain for a reduced charge and lesser sentencing, sure, she can TRY for anything she wants. That is what pre-trial negotiations with the DA are for, whether through a Public Defender or private counsel, or ProPer. Success is NOT guaranteed either way.

    When charged with a felony, you potentially face one or more years in prison if convicted. When charged with a misdemeanor, you potentially face up to 6-12 months in jail on each count. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Your attorney will know how to effectively represent you against a professional prosecutor intending to convict, and will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about hiring counsel to do so, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 3/16/2011
    Christine D. Thielo
    Christine D. Thielo | Law Office of Christine D. Thielo
    It depends on all the facts and what type of plea the DA and the PD reach. You may want to hire a private attorney if you want a felony to be reduced to a lesser charge.
    Answer Applies to: California
    Replied: 3/16/2011
    Law Office of Stephen Pearcy
    Law Office of Stephen Pearcy | Stephen Pearcy
    If it were reduced to a misdemeanor, the reduced charge would likely be petty theft. Yes, there's a chance that could happen.
    Answer Applies to: California
    Replied: 3/16/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Maybe- depends on her record; DA & court. You are better off w/ your own attorney
    Answer Applies to: California
    Replied: 3/16/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    There is always a chance to get a felony reduced but this is not guaranteed. The district attorney has the ability to lower the charges if your attorney/ public defender can convince them.
    Answer Applies to: California
    Replied: 3/15/2011
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