Legal Question in Criminal Law in California

My boyfriend was recently arrested on a domestic violence charge wich was marked as a felony hes been to jail before for burglary and now theyre giving him his second strike how much jail time is he looking to do ?


Asked on 12/31/15, 8:30 am

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney, who has been handling these matters for 30 years, I must tell you that no-one can answer that question, unless they have analyzed the entire new case, as well as the record, and then, put together a good defense, to get him the best result. I advise you to seek representation, as no-one on-line can answer the "what will happen" questions, without a professional thorough analysis of many factors. Most criminal defense attorneys offer free consultations, and, if you want to call our office, either me or one of our attorneys, can go over more facts, in an effort to better inform you. Our number is 661-267-1313. I wish you well....... David

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Answered on 12/31/15, 8:57 am
Joe Dane Law Office of Joe Dane

So he already has a strike and the new one is charged as a strike? I would really have to know the specific charges. Why? Domestic violence by itself isn't a strike. Penal Code 273.5 is the "standard" DV isn't a strike. If they alleged great bodily injury, then it could become a strike.

If the new case is a felony, but without great bodily injury, it carries up to 4 years, doubled because of the strike for a max of 8 years. If it is alleged with great bodily injury, then it is the 8 plus 3 for the great bodily injury for a max of 11. He would serve 80 or 85% of any sentence imposed.

That is just the max. What he actually gets depends on what (if anything) he is convicted of, the facts and what his attorney can do for him.

He needs a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

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Answered on 12/31/15, 10:40 am


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