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My husband is in custody these are his charges a 470pc, 484 (A)pc, 211pc, 459pc 2nd dgr, and 3455pc how much time is he facing?

Modesto, CA |

He says they will drop some charges! Also California jails/prisons are overcrowded.

Attorney Answers 4

  1. The amount of time that he is facing depends on a variety of factors. You are correct that California is having issues regarding overcrowding. In fact, new laws now have those who would have gone to prison for a lot of matters, serving their time in local county jail. Hopefully, your husband will get minimal time in local jail, but the max he could get would be prison time, based on what you have described.

  2. It's difficult to give you an accurate answer without knowing more facts about this case. The PC 211 alone carries a max sentence of 5 yrs in state prison and is considered a strike. The other counts can add additional time depending on the circumstances of the case. You should definitely contact an attorney to review the case further.

  3. He is facing some significant state prison time. It is true that California prisons are overcrowded, but they have relieved some overcrowding by kicking non violent offenders early. His charges of 211 and 459 cause him to be known as a violent offender. 211 and 459 are both "strike" crimes under California's "Three Strikes" law. If he is convicted of both of those counts and receives a third strike down the road, then he will face 25 to life.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

  4. He is facing extremely serious charges. A plea bargain almost always results in dropping of charges. The fact that the DA is willing to drop some charges is standard. He is looking at many years in prison.

    If he doesn't have an attorney he needs one. A public defender is provided free of charge. If the family has money and wants to hire an attorney, they should do that sooner than later.

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

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