Marysville, CA asked in Criminal Law and Divorce for California

Q: How much time is a false personation felony charge and a violation from a DUI with a prior strike

How much time can the person look at if we get a lawyer judge said up to 6 years 8months with 85

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is difficult to provide an accurate estimate of the potential sentence without more information about the specific charges and the defendant's criminal history. However, I can provide some general information about the penalties for the charges you mentioned under California law.

False Personation: False personation is a wobbler offense in California, meaning it can be charged as either a felony or a misdemeanor, depending on the circumstances of the offense and the defendant's criminal history. If charged as a felony, the potential sentence can range from 16 months to three years in state prison.

Violation from a DUI: If a person has a prior DUI conviction and is convicted of a subsequent DUI offense, the penalties can be more severe. The potential sentence for a second DUI offense within 10 years of the first can include up to one year in jail, fines, a driver's license suspension, and completion of an alcohol treatment program.

Prior Strike Conviction: If your friend has a prior strike conviction and is convicted of a new felony offense, the potential sentence could be much harsher under California's Three Strikes Law. The sentence could include a mandatory minimum of 25 years to life in state prison.

It is important to note that the specific sentence your friend may receive will depend on the details of the charges and the defendant's criminal history. It is highly recommended that your friend consult with a qualified criminal defense attorney in California who can provide a more accurate estimate of the potential sentence and develop a strong defense strategy.

Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is needed.

the severity of a sentence is often a function of what you did; how much pressure the victim is placing on the DA; the DA/ courthouse and the Judge and your prior record.

if a judge is involved already, you must be at a stage where the court has appointed a criminal defense lawyer to represent you.

that attorney will have all the facts and be in the best position to answer your question intelligently.

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