Legal Question in Criminal Law in California

He's looking at alot of possible prison time. Without knowing more, a prison prior can be 1 year or 3 years or more for each prison prior, depending on the crime. The question you should be asking is should you get your friend a lawyer ? The answer is YES.....RIGHT AWAY...... You or his family should be talking to qualified attorneys to see who you feel more comfortable with and who is the most qualified to handle a serious case like your friends. Most attorneys are available for FREE CONSULTATIONS. If you would like to talk to me, I would be more than happy to give you all the advice you need to know what to do for your friend. Best of wishes...David Wallin

I think you mean criminal THREATS, not treats... and I think Mr. Wallin means "a lot," not alot.

Criminal threats, Penal Code 422, is a "wobbler," meaning it can be charged as a felony or a misdemeanor. The misdemeanor carries up to a year in county jail; the felony has a maximum term of three years, and is also listed as a serious felony under Penal Code 1192.7, which makes it a strike under the Three Strikes law.

If your friend served a prison term, and did not stay free of prison custody and new felony convictions for five continuous years after his release, it could add a year for each prior prison term.

If one of the prior convictions is listed as a serious felony and he is convicted of a new serious felony, he could get five years added to his sentence (but the same prior conviction cannot also be used as a one-year prior prison term). The prior serious felony conviction (or a violent felony under Penal Code 667.5(c)) would also be a strike, which would double the potential three year prison sentence.

If both of his prior prison terms were for serious or violent felonies, this could be his third strike and he could be facing a 25-life sentence.

25 to life for a 'third strike' charge. If he is serious about hiring counsel to deal with this, using whatever facts and defenses he has, feel free to contact me. If he can't afford private counsel, apply to the Public Defender.