Legal Question in Criminal Law in California

if a person was convicted of bank robbery 2113 (a) (d), conspiracy to commit bank robbery 371 and use of the firearm during a crime of violence 924 (c) in federal court. Does this mean that they have 1, 2 or 3 strikes under California Law? It is my understanding that the Bank robbery is a strike under California Law but I'm not sure if the "conspiracy" and or the firearm 924 (c) are considered to be strikes or not under California Law. My brother was convicted of the previous charges in 1995. He is currently being held for burglary, can he be tried under the 3 strikes scheme based on his previous convictions?

Thank you

Confused Little Sister


Asked on 7/01/10, 7:34 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yes, the DA will try to make this into a 3-strikes case, and it will be up to your brother's attorney to argue, among other things, that it isn't. Are you looking for legal representation for him?

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Answered on 7/01/10, 10:51 am
Terry A. Nelson Nelson & Lawless

Each felony and violent misdemeanor can be, and usually is, charged as a strike. That was the point of the law. If he is serious about hiring counsel on this, feel free to contact me.

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Answered on 7/01/10, 12:02 pm


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