Legal Question in Criminal Law in California

What is a reasonable prison sentence for a 2nd misdemeanor DV conviction in California after a jury trial? He was on probation for the first conviction when he committed the second. Different victim. Jails are overcrowded so what is realistic?


Asked on 3/01/15, 3:29 pm

2 Answers from Attorneys

This is a very popular type question. Unfortunately, this is almost impossible for an attorney to answer because so many factors that are considered in sentencing (e.g. overall all criminal record, defendant's demeanor, defendant's activities within the community, etc...)

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Answered on 3/04/15, 8:40 am
Joe Dane Law Office of Joe Dane

Several bad factors...

Second DV

Two different victims

Lost after trial

On probation for the same conduct...

He could face up to a year on the new case (if it's only one charge) and any time leftover on the probation case. It really depends on the facts, his entire record and what his attorney can work out on his behalf.

And it's not "prison" for a misdemeanor - he will do his time in county jail.

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Answered on 3/04/15, 5:18 pm


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