On Monday, police officers were called to investigate a man trying door handles of several apartments on Ricardo DonanSan Remo, according to the Irvine Police Department.
Officers were able to find him in the complex and arrested him.
Ricardo Donan, 26, of Garden Grove, was booked at the Orange County Jail on charges of attempted burglary and resisting arrest.
Attempted Burglary Penalties
Burglary in California is divided into two degrees. Because this incident involved apartment doors, it would likely be considered First-Degree (Residential) Burglary, which is always a felony.
- Completed First-Degree Burglary: Punishable by 2, 4, or 6 years in state prison and a fine of up to $10,000. It is also a “strike” under California’s Three Strikes Law.
- Attempted First-Degree Burglary: Under Penal Code 664 PC, an attempt carries half the sentence of the completed crime, meaning a maximum of 3 years in state prison.
- Attempted Second-Degree Burglary: If the structure were not considered an inhabited dwelling, it would be second-degree (commercial) burglary. An attempt for this “wobbler” offense carries a maximum of one-and-a-half years in county jail.
Resisting Arrest Penalties
Resisting, delaying, or obstructing a peace officer (Penal Code 148(a)(1) PC) is typically charged as a misdemeanor.
- Incarceration: Up to 1 year in county jail.
- Fines: A maximum fine of $1,000.
- Other Conditions: A judge may also impose informal probation, community service, or counseling.
Additional Consequences
- Three Strikes Law: A conviction for first-degree burglary (even an attempt) counts as a “strike.” This can double the sentence for any future felony convictions or lead to a sentence of 25 years to life upon a third strike.
- Restitution and Records: Convictions may also result in a permanent criminal record, civil lawsuits from victims to recover damages, and potential immigration consequences for non-citizens.