Asked in Criminal Law for California

Q: Is it better to plead to 2 counts of misdemeanor trespassing or 1 count of misdemeanor commercial burglary?

I was charged with two counts of felony commercial burglary and one count a position is stolen property. The DA offered 1 felony commercial burglary charge for 1 year probation, no jail, fine, restitution. During negotiations the DA then offered to make the Felony a misdemeanor with 1 year court probation and no jail.

My question is we think the DA will accept the following: I plead no contest to 2 counts of misdemeanor trespassing 602(m) and get the same sentence.

I’m curious does it look better to have 2 misdemeanor trespassing charges on my record or 1 commercial burglary charge? Either way I can expunge after 1 year but I think trespassing is better for the record.

Any feedback?

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2 Lawyer Answers
Joseph Abrams
Joseph Abrams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Rather than negotiate your plea settlement in a public forum with strangers, I strongly recommend you consult with your attorney on the case for all your options and which ones you should accept or reject.

- Law Office of Joseph Abrams, Anaheim, CA

Rhonda Mae Hixon
Rhonda Mae Hixon
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Burglary, even as a misdemeanor, can be considered a crime of moral turpitude, so I would opt for the two trespass charges if given the option, even though the fines would be double. Crimes of moral turpitude can be used for impeachment, and can affect immigration and licensing for certain professions.

1 user found this answer helpful

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