Q: Does it count as another stike
if a violent offender 3058.6 commits battery on spouse and resisting arrest with priors after release on parole and has 2 strike what his sentence
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California's Three Strikes Law, both domestic battery and resisting arrest with violence can count as serious or violent felonies. When committed while on parole, with prior strikes, these offenses typically qualify as strikes.
If this person already has two strikes, committing either of these offenses would likely trigger the Three Strikes Law, resulting in 25 years to life in prison. The fact that these crimes occurred while on parole could also lead to additional penalty enhancements and parole revocation.
For the most accurate guidance on this specific situation, please consult with criminal defense counsel immediately. The exact sentence will depend on several factors including the severity of injuries, prior criminal history details, and specific circumstances of the arrest. California courts have some discretion in strike cases, so legal representation is crucial to understand all possible outcomes.
Marc David Pelta agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
