Legal Question in Criminal Law in California
my husband is custody pending an HS 11350 (a) charge. he has two prior felonies, will this strike him out? if not, what is the min & max time he is facing? we are in california.
Asked on 8/17/10, 11:02 pm
2 Answers from Attorneys
Joe Dane
Law Office of Joe Dane
Not every felony is a "strike" under California law. Only serious or violent felonies are.
If he truly has two prior strikes, then any new felony (such as possession of drugs under H&S 11350) could subject him to a 25 - life sentence. His exact record will determine what his possible sentence and options are.
Answered on 8/23/10, 6:08 am
Terry A. Nelson
Nelson & Lawless
3rd conviction with two prior 'strikes' means 25-to-life. That's why it's called the '3 Strikes Law'.
Answered on 8/23/10, 10:36 am
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