QUESTION

Is there a chance the judge will reduce a burglary conviction to a misdemeanor?

Asked on Mar 14th, 2011 on Criminal Law - California
More details to this question:
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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6 ANSWERS

Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
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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.
Answered on Mar 17th, 2011 at 1:10 PM

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Criminal Defense Attorney serving Long Beach, CA at Law Offices of Philip P. DeLuca
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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.
Answered on Mar 17th, 2011 at 12:56 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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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.
Answered on Mar 16th, 2011 at 1:32 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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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.
Answered on Mar 16th, 2011 at 12:30 PM

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Criminal Defense Attorney serving Westlake Village, CA
Partner at Roberts Law Group
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Maybe- depends on her record; DA & court. You are better off w/ your own attorney
Answered on Mar 16th, 2011 at 12:19 PM

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Probate Attorney serving Sacramento, CA at Law Office of Stephen Pearcy
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If it were reduced to a misdemeanor, the reduced charge would likely be petty theft. Yes, there's a chance that could happen.
Answered on Mar 16th, 2011 at 12:19 PM

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