Legal Question in Criminal Law in California

In 1998 I plead guilty to 2 assaults w/ a firearm and the gang enhancements were dismissed on the counts. I then took attempted murder gang enhancement and gun enhancement to a court trial I was found guilty on a 3 rd count of assault w/ a firearm and a gang enhancement. I was found not to have personally used the weapon and there was no great bodily injury. My attorney told me because of this I would only have 1 strike because of the count in which the gang enhancement was found true.
I was sentenced to 6 years in prison with half time. I now have a new case in which I am being told I really have 3 strikes on my record for the assaults w/ firearm. What do you think based on the info I have provided?

Asked on 9/06/11, 4:00 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

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Based on the limited information you posted here and without looking at the official records of your conviction, I think you have 3 strikes on your record. Assault with a firearm [Penal Code section 245(a)(2)] is a strike. If you have three of those, you have three strikes.

Your current attorney is going to have to examine them closely to make sure they qualify, see whether they merge, etc.

Answered on 9/06/11, 6:43 am

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