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If i was in a car and my friend shot someone in the leg. I Been charged with attempted murder to am i looking at a very long ti

Merced, CA |

I was in the back there was 4 people in the car and im registered as a gang member am i really looking at a Long time?

Attorney Answers 5

Posted

Not as long as the person who did the shooting. Use of a gun where someone is injured will result in a 25 t o life sentence for use of the gun alone, plus additional time on any gang enhancements and the attempted murder. Since you weren't the shooter, you aren't looking at life sentence for use of a gun, but an attempted murder conviction may carry a life sentence depending on the degree of murder charged. Hope you have a good lawyer.

The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

If they charge the gun use with the vicarious arming allegation because of the gang aspect of the case, he could face the 25-life enhancement.

Posted

Hire the best criminal defense attorney you can afford in your area. The attempted murder charge may carry a life sentence. Plus, since you are a registered gang member, you will also likely be charged with a gang enhancement.

The above communication is for general informational purposes only. It does NOT constitute legal advice and SHOULD NOT be used or relied upon as such. Moreover, the above communication does not create an attorney-client relationship between Oleson Law and/or Attorney Christina Oleson and any other person or entity. Legal representation by Oleson Law and/or Attorney Christina Oleson is available, but shall be set forth specifically in a separate written fee agreement signed by the parties.

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Posted

Your attorney's task is a difficult one. It is critical to differentiate you from the others involved. Developing multiple theories of defense is necessary. Developing reduced culpability is also critical is mitigation. There are negative aspects to your situation that must be confronted and positive aspects that must be accented.

Please do NOT use this answer/response to say or do anything regarding your situation. This answer/response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. BEFORE you say or do anything consult with an experienced Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.

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Posted

If they have charged this as a willful, premeditated attempted murder and have added gang enhancements, you could also be facing a life sentence. If they have alleged vicarious arming because of the gang enhancement, then the "regular" rules of only the shooter gets the gun enhancement don't apply.

Time for absolutely the best criminal defense attorney you can get.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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Posted

You're looking at a life top exposure. Surely the government will allege this was a gang incident where you were actively helping the shooter. There are too many relevant details to discuss, have a long talk with your lawyer.

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