Legal Question in Criminal Law in California

Re: 422 pc - first offense (2nd question)

I am not exactly sure what you mean by "convicted under a not guilty plea." Your brother could be convicted in two ways. He either pleads guilty (or no contest which is the same thing) or he is convicted by a jury following a trial.

I believe - off the top of my head - that PC 422 carries maximum of three years in state prison, assuming there are no sentence enhancements on account of his prior record or prison priors. If indeed he has absolutely no prior record he is very likely to get probation which can, however, entail some time in county jail as opposed to state prison. Of course, he might have legal defenses and possibility of beating or dismissing his case entirely.

What he is facing realistically would require a thorough evaluation of his case. Not just his record but facts and circumstances related to the current offense as well as the disposition of the courthouse and the DA who is prosecuting him. It is impossible to give you an exact answer without knowing more. I recommend you contact a couple of attorneys to discuss his case in a thorough and confidential discussion.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: 422 pc - first offense (2nd question)

A 422 is a wobbler - meaning it can be charged as a misdemeanor or felony. If it is charged as a misdemeanor, the max is one year. If charged as a felony the sentencing range is 16 months, 2years, or 3 years. A first time offender is likely to get a probationary sentence unless there is something aggravating about the crime.

I think Joe's points are valid. This kind of charge is often very defensible. And there are long term consequences for a poorly orchestrated defense. It is important that your brother is well represented.

Good luck.

Re: 422 pc - first offense (2nd question)

You're welcome. Penal Code 422 as a felony carries up to 3 years in state prison.

What he gets depends mainly on (first & mainly) whether he's guilty. If he is convicted, his sentence depends on many factors... The judge, the jurisdiction, his attorney & the particular facts of the case.

Each case is unique - a full assessment is better after a full face-to-face disussion of the facts.

Hope this helped.