Legal Question in Criminal Law in California

What is the maximun sentencing for two attempted murders, vandalizing the community, possesion of a firearm, threatening at gunpoint, and stealing at gunpoint? Can they really sentence a 17 year old boy to 25 to life in jail?


Asked on 3/01/10, 10:41 am

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Yes, a 17 year old convicted of certain crimes can be sentenced to life in prison.

Without knowing the exact charges, it is impossible to know the maximum sentence.

The sentence for attempted first degree (premeditated) murder is greater than the sentence for attempted second degree (without premeditation and deliberation) murder.

Vandalism and firearm possession can be charged different ways, depending on what happened, which affects the possible sentence.

I could only guess what you mean by "threatening at gunpoint and stealing at gunpoint" because those terms do not appear anywhere in California law.

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Answered on 3/06/10, 11:06 am
Joe Dane Law Office of Joe Dane

Those charges can absolutely carry life in prison. The only way a 17 year old is going to face such a sentence is if he's tried as an adult. I assume this case is in Orange County based on the zip code you entered. The Orange County DA routinely tries to get juvenile cases such as these to adult court with all the harsh penalties attached.

Attempted murder can carry life in prison for attempted murder (plus the use of a firearm can add time on top of a life sentence) if they prove premeditation and deliberation.

The exact charges and enhancements will matter in calculating the sentence.

If you're looking to get representation, I practice in Orange County almost exclusively. Let me know if you want to discuss things further.

www.joedane.com/about

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Answered on 3/06/10, 11:23 am
Terry A. Nelson Nelson & Lawless

Yes, depending upon the charges and the priors. Get him counsel immediately, and instruct him to remain silent and say NOTHING to anyone about the case except his attorney. Feel free to contact me if serious about doing so. If he can't afford private counsel, apply to the Public Defender.

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Answered on 3/08/10, 11:53 am


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