Expert: Philip Sweeting - 6/12/2004

Question
Followup To
Question -
I am a writer doing research for a fiction screenplay about A 18 year female stole $500,000 worth of jewelery and money from a private residence, and was caught by a video from the house, no weapons were involved in the robbery and she plead guilty. How much time would she get and could she be released after such time, no probation? Crime took place in Los Angeles, and she is a resident of the same. Where would she serve out such time? What would be the procedure for someone in that situation?
Thank you for you time.


Answer -
From what you are describing it would be a burglary not a robbery. A robbery is when you confront a person and take something from them by force.

A burglary is when you enter a structure/residence when you have no right to do so and take property. The penalty for your particular scenerio would depend on the specific penalties for the state of CA. But generally speaking in FL she could receive up to 5 years in prision and pay a fine (could be longer due to the amount she stole).

The sentence in part would depend on her prior record, was the property recovered etc. Since she was on video and I assume the evidence against her is strong, more than likely her lawyer would try and plead out her case and try and negotiate little jail time if she pleads guilty and not go to trial. Again what the prosecutor would agree to would depend on her prior record, how much property was recovered and how the victims felt.

You indicated no probation but that is generally a condition. In otherwords she might plead to 2 years with 5 years probation or she could plead to 4 years with no probation. In any event the judge is required to approve any plee deals.

As for where she would serve her time it would be in a state prision in CA. It could be any part of the state.

Hope this helps. Remember me if it is a hit.

 

New Question:
What types of crimes would give a person like 7 years jail, probation or not.  No priors of any kind.  What type of prison: maximum or Minimum Security?  Your answer was helpful and I appreciate your time.  Thank you!


Answer
Burglary or entering an unoccupied residence residence and taking property valued under $20,000.00 you could get up to 5 years in prison. If the residence was occupied you could get up to 15 years. If they took property valued at $500,000.00 as you described they could get up to 30 years.

CA penalties might be different than FL but you could find CA penalties by looking up their laws in the internet.

As for what kind of prision, I'm not really familiar with prison guidelines but I would  think they would not go to a minimum security prison if they are going to be serving a lengthy prison sentence.