Q: A relative living in CA was drunk/high on drugs and climbed into someone's yard.
Owner saw him and called cops. Owner and him conversed for a few minutes, no fight or physical assault, my relative climbed back out. He was arrested and small amount of drug was also found on him. How hard will it be for prosecutor to prove this was first-degree burglary. How hard will it be for defense attorney to reduce this to a misdemeanor charge? My relative has a large amount of money in his bank at that time and he had no intention of climbing in to steal.
A:
much more info needed.
if your relative has a lot of money encourage him/her to hire a lawyer...asap.
sometimes a good lawyer can talk to the filing deputy DA and influence how a case is filed.
clearly a trespass but arguably not a 1st-degree burglary...........but more info needed.
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