September 10, 2014

Will accepting a strike on my record lead to a reduced sentence?

No. A strike is defined as serious or violent under the Three Strikes laws. For a violent felony, the person must do 85% of the time imposed. A first offense for a serious felony, although also a strike, will still make the person eligible for 50% time on the first offense. A second qualifying offense […]

September 10, 2014

I was charged with assault and battery. Will I be arrested?

Possibly, but that depends on several factors. Are the charges for a felony or misdemeanor? Have you ever been in trouble before? Was the “victim” seriously hurt? Is there a warrant outstanding? If there is a warrant, you will want to get that recalled by placing your case on calendar. An attorney can help you […]

September 10, 2014

How many years is someone facing with multiple counts of armed robbery, even though the gun was unloaded?

In California, in excess of 50 years. Under the “10-20-Life” laws for gun use, a 10 year enhancement can be assessed for each victim on whom the gun was used, plus 9 years for the robberies. Of course, these cases depend on the facts, especially regarding the gun use. You need an experienced criminal defense […]

September 10, 2014

If you are charged with conspiracy to commit a crime, will you be charged with doing the crime?

Yes, if the crime was actually committed. If it wasn’t actually committed, then they will only charge the conspiracy, which is essentially an agreement between two or more people to commit a crime, with at least one act towards doing so. That agreement does not require the crime to actually be committed.