Legal Question in Criminal Law in California
new conviction while incarcerated
if someone is already serving time in prison, can more time be added to their 3 year sentance if they hurt a fellow inmate? can a felony strike be added if they are already incarcerated if they do something while in prison?
3 Answers from Attorneys
Re: new conviction while incarcerated
Yup. Plus there may be enhancements. (At least one year.) Also, if he had a prior strike conviction, punishment for the new felony is doubled. If two prior strikes, the next felony is 25-to-life. Of course, he still has to be convicted of the new offense. If he is not charged with the new crime, he can be dealt with administratively by the Board of Prison Terms.
Re: new conviction while incarcerated
Of course. There is no reason why actions which would be criminal outside of prison should be excused when they occur inside. The same is true of penalties. Why should a prisoner who commits a strike be treated better than someone on the outside who commits the same crime?
Re: new conviction while incarcerated
Short answer is yes and yes...and the prior strike applies, (it becomes a "strike" at the time of the conviction), and the sentence for in prison offenses is consecutive and "almost always" ( exceptions are very very very few )is a full term consecutive sentence with Zero credit for time served..
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