3 strike laws in california if arrested for VC 20002(A) , VC 2800.2 , PC 148(A)(1) and at arraignment they add

Asked almost 2 years ago - Riverside, CA

VC M23152(A) dui
PC 667.5(B) F Prison Prior within 5 Years
PC 667.5(B) F Prison Prior within 5 Years
PC 667(C) F Prior Felony Conviction(defined in 667.5(c) or 1192.7(c)PC)
and
PC 667(E)(1) 1 Prior Fel Conv/ALLEGE STRIKE
If you have 2 strikes can they give you a 3rd strike for the felony disregard to safety and evading?? or does it mean if convicted they are just going to enhance the sentence 5 years longer?? If convicted how much would you be looking at?

Attorney answers (3)

  1. John M. Kaman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Based on the charges you have listed you will not receive a 3rd strike. If convicted you will receive one enhancement for a prison prior. However felony evading is not a strikeable offense.

  2. Tai Christopher Bogan

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . This case would be treated as a 2nd Strike case. Their sentence would be doubled as to the crime itself and would also include priors and other enhancements. For example, here if the person was convicted and denied probation, the person could spend between 32 months and 6 years in prison + 1 year for any prison priors they have.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  3. Michael Douglas Shafer

    Contributor Level 20

    5

    Lawyers agree

    Answered . No strike-just enhancement of previous. Make sure you have counsel.

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