Legal Question in Criminal Law in California

If someone who had a prior felony of assault with a deadly weapon n faced charges of 17 to life in san Jose but served a yr and have been out on probation for the last couple of yrs in san diego, but has now been charged with 243(E) PC BATTERY:SPOUSE/ETC 4 months away from getting off probation In January.. What are their chances of violation n serving that original sentence?


Asked on 8/28/10, 11:16 pm

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

I doubt he would serve the original 17-year sentence. Probably they would tack on 25-to-life extra for the new case.

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Answered on 9/02/10, 11:23 pm
Terry A. Nelson Nelson & Lawless

You face probation violation that could put you back in prison on the original sentence of 17 to life. In addition, that original 'strike' is a 'prior' under the 3 Strikes law, imposing a doubling of penalties on the new charge[s], that is if it is your only prior strike. If you have two prior strikes, you face 25-life on the new charges. If you are serious about hiring counsel to represent you in this, feel free to contact me.

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Answered on 9/03/10, 10:39 am


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