Legal Question in Criminal Law in California

how much percentage will my husband due of his sentenced time if his charge was for a domestic crime to which he has already completed his time in the past but never followed up with court and was picked up on a warrent ?


Asked on 1/01/11, 12:28 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

If your husband "already completed his time" for this offense, he wouldn't get ANY more time.

It sounds like he was on probation, served some jail time as a condition of probation, and is now facing some sort of probation violation for not completing all of his terms of probation.

Generally speaking, if it is a misdemeanor, he would serve two-thirds of any jail sentence.

If it's a felony, classified as violent in Penal Code 667.5(c), he would do 85% of any prison sentence imposed.

If it isn't a violent felony, but he has a prior conviction that is classified as a "strike" under the "Three Strikes" law , he would have to serve 80% of a prison sentence before he was eligible for parole.

For other felonies, he would serve half of any state prison sentence.

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Answered on 1/10/11, 6:52 pm


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