Legal Question in Criminal Law in California
Does a enhancement charge of 2 years in the state of California, Kern County have to be on similiar charges example (one case drugs, second case drugs) or just that the defendent got in trouble while out on bail. example (one case drugs, second case concealed weapon on private property)?
3 Answers from Attorneys
The actual charge is irrelevant.
There are many enhancements, and if proven, can get you 2 years, no matte what the original case was about.
I think you are conflating enhancements with strikes. They're not the same thing.
Only someone who has an eligible prior conviction can get an increased sentence due to a strike. But enhancements can be added the first time someone is charged with a crime.
To take but one example, the use of a firearm in connection with a felony carries an enhancement of at least one year. The enhancement can be longer depending upon the nature of the crime being charged, the type of firearm, the defendant's criminal record, etc. But even a defendant who has no record and is only facing one charge can receive this enhancement.
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