Legal Question in Criminal Law in California
What are "special allegations" with regards to sentencing considerations in a criminal case, such as a Health and Safety Code violation?
2 Answers from Attorneys
A special allegation could mean that the defendant used a gun, or had more than X number of kilos of a drug, or caused great bodily injury, or committed the crime against a child or elderly person, you get the idea. If the special allegation is proved, the defendant gets extra prison time.
It depends on the offense charged and the special allegation. Because you mentioned the Health and Safety Code, I immediately thought of drugs. A special allegation could mean what Mr. Stone mentioned with respect to that drug, or even a prior conviction. Special allegations usually cause the crime to be treated more seriously, and increase the sentence.
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