My husband is doing time in prison he got sentenced for four years recently he got moved to San Diego county jail for a court date its a new charge assault and battery serious bodily injury what can I expect?? he already has a Strike, can he get more time on top of four years or can he get another strike instead...he had a arrange on complaint help me please
I know you do not like the answer....but it "depends".
If he has a new charge he easily can be facing more time. If he has a strike it can add time unless it is stricken.
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
Criminal Defense Attorney
This charge, battery causing serious bodily injury, is a wobbler meaning it could be charged as a misdemeanor, or as a felony carrying a sentencing range of 2-3-4 years, doubled if the strike prior is not disregarded. It would be consecutive and the DA is probably thinking felony because of his record, but I do not know the facts. I strongly recommend consulting with an attorney who has done prison cases because they have some special nuances. Good Luck.
Your husband can receive additional time for the new offense. With a prior strike already on his record, it's unlikely the new case would be lowered to a misdemeanor. Depending on the facts of the new case, he may or may not be liable for a new strike. He's going to want to get the best possible defense attorney to handle this new matter. Most defense attorneys in San Diego County provide free consultations, so he shouldn't hesitate to call and learn more about what can be done on his behalf.
Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
DUI / DWI Attorney
There are too many factors that go into this analysis to provide a meaningful answer. Your best bet is to speak with his attorney or consult one of the attorneys here on Avvo for more specifics. Many of us provide a free consultation.