QUESTION:

Can you please tell me if Californias proposition 57 will reduce my charge of first degree residential burglary? Im fighting it.

I was given a ring and i pawned it. Well the ring had been stolen and i had no clue! I was arrested and charged with first degree burglary . Can you tell me if proposition 57 in California that was passed reduce my charge and sentence if found guilty

ANSWER:

No, Prop 57 will probably not help you out. And while Prop 47 made misdemeanors of commercial burglaries if less than $950 and occurring during business hours – it does not apply to residential burglaries.

Residential burglary is a strike and it can be punished by up to six years in the state prison. This is a serious matter. You need to talk to a lawyer immediately and you should not discuss your case with anyone who is not a lawyer.

UPDATE:

I think it’s possible that if there was nobody present in the home at the time the ring was taken, Prop 57 might allow a state prison sentence to be served at 50 percent instead of 85 percent. So I may have to revise my earlier answer that there was no possible way for you to benefit from Prop 57. Needless to say, you ending up in state prison given the facts that you laid out, would be a very bad outcome. You have strong defense to look into before you start to contemplate sentencing.

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