Shoplifting, Larceny, Robbery, Theft in CA petty theft=second strike?

[hopefully1time]

Here's the situation. My friend is a felon, with one violent charge on his record. He's in jail right now with an $80,000 bail, becasue he stole some deoderant. They want to give him 7 years for premeditated burglery. So my questions are: is burglery a violent offense? Does it count as a second strike? What do have to do to prove it was NOT premeditated?

 

[CdwJava]

Here's the situation. My friend is a felon, with one violent charge on his record. He's in jail right now with an $80,000 bail, becasue he stole some deoderant. They want to give him 7 years for premeditated burglery. So my questions are: is burglery a violent offense? Does it count as a second strike? What do have to do to prove it was NOT premeditated?

The state will have to show that he entered the business with the intent to commit theft. This can be shown via statements or actions. For instance, if he entered the business without money and told investigators he came in to do some shopping, that will imply that he was going in to steal.

2nd degree burglary is not considered a violent felony in CA and I do not believe it is considered as a strike. His attorney can answer that "strike" question best.

- Carl