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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4475
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My husband is a two striker who got charged with 273.5 no pictures

Customer Question

My husband is a two striker who got charged with 273.5 no pictures or evidence was taken, what kind of time is he looking at?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello.
The standard penalty for 273.5 is 2, 3, or 4 years in the state prison or 1 year in the county jail. The penalty increases if his priors are for the same offense.
The issue of his strikes may affect the penalty if 1. both his priors count as "serious" felonies and 2. if this case involved serious bodily injury to the child. The list of "serious" felonies is here:
http://law.onecle.com/california/penal/1192.7.html
If this is not a third serious felony, then he will not be subject to the three strikes law. The court and the prosecutor will consider his record when deciding what type of sentence to give him, but it won't be a mandatory lengthy sentence.
His public defender should also have a copy of his rap sheet and be able to tell you if he is looking at increased sentencing based on strikes or if he is just subject to the penalties I told you above.