Compton, CA asked in Criminal Law and Constitutional Law for California

Q: can someone be sentenced to more than the max punishable time for a crime because they have a strike or prior

person is being charged with violation of penal code 29800a1 possession of firearm while being considered to be part of specific said group of people.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: Your question is confusing and lacking information. Ordinarily, no one can be given a harsher sentence than that which the crime calls for. However, a defendant may be charged with different "enhancements" (depending on the facts of each case), which could result in additional penalties on top of the usual punishment for the base crime charged. If the enhancements are proved, the sentence given will be "enhanced" so the end result could wind up being far more severe than just the basic crime charged.

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