Legal Question in Criminal Law in California

my boyfriend got caught stealing. how long will he be in jail for? this is his first theft charge ever, but he has been to jail for rape, 14 years ago, and was deported 10 years ago.


Asked on 11/23/09, 5:29 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

This question is impossible to answer based on the brief facts you have provided.

If he is convicted of a felony, his rape conviction will constitute a "strike" under the Three Strikes law and will increase his punishment.

He could also be facing federal prison time for illegally reentering the country. Rape is considered an aggravated felony for immigration purposes, so his conviction would exclude him from the United States for life. Reentering with a prior aggravated felony conviction is a crime.

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Answered on 11/28/09, 6:38 pm


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