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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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If underlying felony is a second degree burglary is gang

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If underlying felony is a second degree burglary is gang participation, 186.22a, a strike if defendant has one prior strike? In California.
Submitted: 5 months ago.
Category: Criminal Law
Customer: replied 5 months ago.
And conspiracy 182 a 1 by himself. Co defendant already took deal for 460b only without conspiracy or gang.
Expert:  Samuel II replied 5 months ago.
HelloThis is Samuel. Yes. You are correct. It will count as a strike as per CA's three strike law. Moreover, a third strike can come from a minor, non violent felony conviction. There are mandated minimum sentence of 25-to-life so long as the first two felonies were deemed to be either "serious" or "violent". For example, California did not require the third “strike” to be serious or violent to qualify for a life sentence, and 2-strike felons could easily be given this enhanced sentence for minor third strike lawbreaking. In addition, the list of crimes that count as serious or violent in the state of California is much longer than that of other states, and consists of many lesser offenses that include: firearm violations, burglary, simple robbery, arson, gang afilliation and providing hard drugs to a minor, and drug possession

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