What is someone charged with California PC 459 looking at? 10 Answers as of November 19, 2010

What is someone charged with California PC 459 looking at? Regarding my son.

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
A worst case scenario would involve a fine and jail or prison time, but if it's a case where he has a defense it may be bargained down or even dismissed.
Answer Applies to: California
Replied: 11/19/2010
Steven Mandell
Steven Mandell | Law Offices of Steven Mandell
Penal Code 459 is burglary. It can be a misdemeanor or it can be a serious felony constituting a strike. In order to analyze your sons situation, a great deal more information would have to be known. If you would like to discuss this with me, do not hesitate to call me for a free consultation.
Answer Applies to: California
Replied: 11/19/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Penal Code section 459 is Burglary. It can be either first degree (residential) or second degree (all others).

First degree burglary is a "strike" offense and carries up to 6 years in state prison. The sentencing range is 2 years, 4 years or 6 years in state prison. It's presumed that upon a conviction for first degree burglary, you would be sentenced to prison unless there are compelling circumstances to grant probation.

Second degree burglary is typically for commercial burglary - entering a store with the intent to steal, for example. It's a "wobbler" and can be charged as either a felony (up to 3 years in prison) or a misdemeanor (up to a year in county jail).

What he's actually facing depends on the facts of the case (including the big question of whether or not they can prove the case against him), his prior record if any, the jurisdiction and what his attorney can work out for him.
Answer Applies to: California
Replied: 11/18/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
4 years prison upon conviction of the felony, if no priors. Doubled with one prior strike. 25-life with two prior strikes. Time to get him an attorney. If serious about doing so, and if the case is in California, feel free to contact me.
Answer Applies to: California
Replied: 11/18/2010
Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
It depends on the degree. PC 459 1st degree is a residential burglary. PC 459 2nd degree is burglary of a non dwelling. The sentence will often depend upon the factual situation and your son's criminal history.

For 1st degree the sentencing structure is 2yrs, 4 yrs or 6 yrs in state prison, although he could get probation. This is considered a strike under California three strikes law.

For 2nd degree the sentencing structure is 16 months, 2 yrs, or 3yrs. Again he could get probation. 2nd degree can also be a misdemeanor.
Answer Applies to: California
Replied: 11/18/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    PC 459s (burglary) can be aserious offense or not depending on a lot of factors.
    Answer Applies to: California
    Replied: 11/17/2010
    The English Law Firm
    The English Law Firm | Robert English
    That particular statute is a wobbler. It can be charged as a felony or a misdemeanor. Misdemeanors generally have maximum sentences of 6 months or 1 year of county jail. If charged as a felony, it could carry up to 3 years state prison. The actual sentence depends on many factors. A person can be granted probation with no jail time.
    Answer Applies to: California
    Replied: 11/17/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    The worst thing is prison. However, probation is always a possibility. It just depends on the circumstances.
    Answer Applies to: California
    Replied: 11/17/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    It depends. If it is a misdemeanor (usually called "2nd degree commercial burglary"), usually filed in a petty theft case, he could be facing up to a year in jail, though few get much jail time if any at all. He also faces up to a $1,000 fine plus penalty assessments, but, again, in reality most offenders end up having to pay a few hundred dollars in fines. If it is felony first degree residential burglary, it is very serious. It is a strike and he faces up to a year in jail, or 2, 4 or 6 years in prison, as well as up to $10,000 fines. Fines are unusually in the felony case, but jail and prison time are common.
    Answer Applies to: California
    Replied: 11/17/2010
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