Question about California Three Strikes Law & assault & jail. He has history of alcoholism & violence and it's getting worse

Asked almost 2 years ago - Lansdale, PA

He was arrested & charged w/ 3 felony assaults, 1 felony assault w/ deadly weapon & 2 DUI's - all in 1 event. Car impounded. Other facts are unknown but we assume he was drunk when this happened. He has intense anger problems. We assume he's being "dried out" right now in jail.
A yr ago in another state he was charged w/ assault (no details) and gun charges (attempted suicide, waiving a gun around, SWAT team). He made bail immediately & moved out of state. Bench warrant dropped because attorney sent letter stating he was getting alcohol treatment.
2 yrs ago (in town where he now lives) he was drunk & assaulted a police officer who approached him. Felony assault was dropped to misdemeanor because it was 1st arrest. He immediately moved out of state. Bench warrant issued.

Additional information

How can there be 2 DUI's in 1 event? This did happen away from home. Could it be for driving to and then from the place where the violence started? We think the "assault w/ a deadly weapon" might be because he used his car to scare or ram someone or somewhere where other people could reasonably be threatened with harm.
I am hoping he will get mandatory prison time. Needs to be in psych ward for at least a year

Attorney answers (3)

  1. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    Answered . It is unclear whether this occurred in Pennsylvania or not, because you reference California three Strikes Law and that he moved out of state a year ago. I will assume he lives in Lansdale and that this is where it occurred. Pennsylvania has certain repeat offender laws, somewhat similar to the three strikes law. However, this really only applies to certain felonies committed by individuals that have prior convictions to certain felonies. In other words, it appears that he has not been convicted of prior felonies and therefore it appears not to be a factor. The 2 DUIs is common. He will be convicted of one or the other offense. Hire an attorney ASAP.

    Michael L. Doyle
    (215) 900-5565

  2. James Regan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Sadly, this person needs a really good attorney and a long stay in a rehabilitation if he does not go to prison.

    http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M,... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This individual must retain a very well-qualified criminal defense attorney.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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