Legal Question in Criminal Law in California
I am facing a charge for possession of a billy club or MNG/SELL/POS dang wpn / etc with 2 prior prison terms for Domestic violence and burglary
4 Answers from Attorneys
You haven't asked a question, but if you're going to ask what you're looking at, the answer is: it depends.
If your burglary was a residential (first degree), then it's a strike and you're potentially facing a minimum of 32 months prison plus 2 additional years for the prison priors. As a maximum, if the burglary is a strike, you're looking at a max of 8 years. Those would both be at 80%, not half time.
Keep in mind that 12020 - the weapons charge you face - is a "wobbler" and can be a felony or a misdemeanor.
The prison priors and your record isn't going to help, but it's really going to depend on what the facts are, what the weapon was and what your attorney can work out on your behalf - assuming they've got a case against you. There may be search issues, etc. that give you defenses.
No matter what, you need a darn good local criminal defense attorney.
In California, if convicted of any felony, you potentially face a minimum of one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 6-12 months in jail, plus fines. Multiple counts and charges will multiply your problems. If you have priors and strikes, those will add �penalty �enhancements� under the 3-Strikes rules. If this constitutes a probation or parole violation, factor those new violation charge[s] and old deferred sentence[s] in as well.
Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.
After you read the first 2 responses from other lawyers, if you already haven't tried to call a VERY QUALIFIED ATTOTNEY, you should start NOW. I wish you well............. David Wallin
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