Legal Question in Criminal Law in California

My father has 2 strikes against him ... his 1st strike is for murder and the 2nd is for armed robbery and attemped murder ... but, he has been out and staying away from trouble for like 10 years or more now ... he just got busted recently for having possession of a knife ... but with no intent to use it ... there trying to pick up old charges for spousal abuse ... but, they never took pictures and my mom said she never signed anything ... so how can the romero act help him ???


Asked on 9/15/10, 4:36 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

It sounds like your dad may have more than 2 strikes. Murder is one, armed robbery is another and attempted murder is a third. Any new felony with two prior strikes subjects him to a potential 25-life sentence, plus any enhancements they tack on.

Romero deals with sentencing issues. Should a person have a prior strike (or more) on their record, the defense can make a request of the court to dismiss a prior strike for the purpose of sentencing. It's what allows judges to give less than 25-life for a non-violent felony where a life sentence would be disproportional to the current crime.

Either way, your dad needs a good criminal defense attorney to fight these charges and/or get the best possible outcome in his case.

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Answered on 9/21/10, 7:55 am


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