Legal Question in Criminal Law in California
is assault with a deadly weapon but not a firearm a strike?
Asked on 11/21/10, 1:11 pm
3 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Yes. Most 'violent' and 'serious' felonies are strikes.
Answered on 11/26/10, 3:02 pm
Anthony Roach
Law Office of Anthony A. Roach
Yes, it is a strike.
Answered on 11/27/10, 2:32 pm
Brian McGinity
McGinity Law Office
I basically agree with Mr. Nelson and Mr. Roach. Generally most violent and serious felonies can be charged as strikes. However, it is the District Attorney's office that decides if they will charge the crime as a strike and most DA offices will charge strikes when the situation calls for one. The type of deadly weapon is generally not the issue as to if the crime will be charged as a strike. Any deadly weapon will suffice including using a foot to kick someone.
Answered on 11/30/10, 8:00 pm
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