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  1. #1

    Default Residential Burglary In California

    My question involves criminal law for the state of: California.

    OK, well to start off me and a friend went out drinking and got pretty trashed. I live in a pretty upscale neighborhood houses range from 1.2m and up. Well on the way back home we stopped by a park and kept drinking some beer. i went to relieve myself in the bushes and saw a door to someones backyard, I checked it and it was UNLOCKED. so I opened it harmless in my eyes I didn't want to go any further.

    My buddy walked up to the back door and checked that and of course UNLOCKED. so he went in and i went in after him. this was all like a dream, i didnt feel like i was comiting a crime, i was very drunk. well we took some items totaling about $1100. and we did here someone snoring in the house. someone woke up and screamed and we bolted out of there.

    2 days later after beating my self up over and over because i felt really bad, I sent all the items back to the victim including a note apologizing to the household for what was done. I also included a $20 bill for damages to a TV cord that was cut.

    Unfortunately cops showed up to my house days ago and I told them the truth exactly how it happened. I have a prior DUI so I take it my prints were what led them to me.

    My question is what do i do now. I'm going to see a lawyer today and see what he can help me with. What are the usual penalties for this crime taken into consideration that every last item was taken back unharmed.

    I'm not a criminal or a bad guy, really. I'm a 22 year old, I work full time and I go to school. i am not starving or in need of money, just got caught up in something so stupid.

    thank you

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Residential Burglury In California....

    A lawyer is a great idea.

    Let's see. Grand theft. Breaking and entering (though you didn't break anything) and public drunkeness (because I am sure you already told the officer the above story.)

    Yuppers. You need an attorney.

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Residential Burglury In California....

    The fact that you returned the stolen items before being apprehended will most certainly work in your favor. Nevertheless, it's a serious problem and you're going to need an attorney very familiar with criminal cases.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Residential Burglury In California....

    It is very likely that you can get off with a fine, restitution, and probation ... MAYBE they will drop the offense to grand theft as opposed to burglary.

    You can also be expected to give up the name of your partner as part of any plea deal.

    Note that if convicted of residential (first degree) burglary, that is a "strike" offense.

    - Carl

  5. #5

    Default Re: Residential Burglury In California....

    Quote Quoting cdwjava
    View Post
    It is very likely that you can get off with a fine, restitution, and probation ... MAYBE they will drop the offense to grand theft as opposed to burglary.

    You can also be expected to give up the name of your partner as part of any plea deal.

    Note that if convicted of residential (first degree) burglary, that is a "strike" offense.

    - Carl
    i gave up the name when the cops came to my house and were questioning. i was very honest and truthfull with them. what kind of restitution can i expect? we didnt do any damage to any of the property.

    also what kind of fine is this? thanks for your information guys

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Residential Burglary In California

    The amount of any fine will depend on what charge you are ultimately found guilty of (or plead guilty to). It can be extensive, though. Restitution will depend on the costs submitted by the business.

    - Carl

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