Legal Question in Criminal Law in California

Re: assault vs domestic violence and 3 strikes

Each victim of the prior car accident, if the DA charged and could prove murder, could be a separate strike offense, making any new felony a potential 25-life sentence.

I would need more facts about the underlying conviction to determine if they are truly strikes, though. It depends on the age of the person at the time of the offense and conviction. The exact charges matter, too.

To answer your other questions, can they charge a 245 when the boyfriend wasn't hit? Yes. They will allege that the car was a "deadly weapon" and it's just fortunate nobody got hurt. The analogy is like shooting a gun at somebody, but missing. It can still be assault with a firearm.

She's looking at 25 to life, but there are options. Motions can be filed to strike the prior strikes. Most importantly, she needs to fight against the current charge. If it's bogus or it can be reduced to a misdemeanor, then she's out of the 25-life range.

Best of luck. Let me know if I can help.

Re: assault vs domestic violence and 3 strikes

Yes to all the above. That's what 'record' and 'strikes' mean. If this is charges as her 3rd strike, then she faces 25 to life. She'll have to seek to get prior strikes striken for this case, and defend with whatever she's got available. If this is in SoCal, and if she is serious about hiring counsel to defend her, feel free to contact me. If she has no money, she needs to apply to the public defender.

Re: assault vs domestic violence and 3 strikes

Unfortunately, based upon the facts you presented, the person you are talking about is in serious trouble. He/she needs a good lawyer. Call around to see who might be most appropriate to handle this situation.

Only a lawyer who became very familiar with the situation and the case will know what might be done.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: assault vs domestic violence and 3 strikes

If I understand you correctly, she got the 2nd degree 187 arising out of the fatal car accident, killing two people. Each death constitutes a separate strike. That is how I understand she is facing a third strike now.

The answer to your question is YES. She CAN be convicted of a 245 (a) (1) (a strike) without his ever having been hurt at all. The car is a deadly weapon. If she is convicted of trying to hit him with the car, that is her third strike.

Needless to say, she needs to fight this charge for all she is worth. I do not know what part of California this is pending in, but you can call me for a free consultation if you want. I've been litigating criminal cases for 35 years, so I can probably answer your questions.