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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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If underlying felony is a second degree burglary, 460b, is

Customer Question

If underlying felony is a second degree burglary, 460b, is 186.22 a, a strike if defendant has one prior strike. Also if found guilty of conspiracy 182 a 1 by himself?
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 7 months ago.
Good morning: Thank you for requesting me. When it comes to offenses that involve the Gang Sentencing Enhancement, the underlying felony actually does not matter. This is because the law counts as a strike any offense in which the Courts determine that 186.22(a) (the Gang Sentencing Enhancement) applies. So, if the Court holds that the person is subject to Gang Enhancement, then whether or not the underlying felony constitutes a "violent felony" does not matter. Any questions on this before I move onto the second part of your question?
Expert:  Legal-Kal replied 7 months ago.
Assuming you have no question, I will move onto your next one. Conspiracy to commit a crime which constitutes a "violent felony" (or other offense subject to the three strike rule) does indeed count as a strike. First Degree Burglary (and Conspiracy to Commit First Degree Burglary) would constitute a strike. However, Second Degree Burglary (and Conspiracy to Commit Second Degree Burglary) does not count as a strike. So, in answer to your second question, if found guilty of conspiracy to commit Second Degree Burglary, that conviction would not count as a strike. If you have any questions on what I have provided, please ask and I would be happy to assist further or clarify. If not, please remember that experts here are not employees of JustAnswer and do not get credited for assisting an individual until they click ACCEPT and rate the assistance provided. Your cooperation in this regard would be appreciated. Thank you!
Expert:  Legal-Kal replied 7 months ago.
I see you have read my response. I hope the information was helpful. Please remember to click ACCEPT and to rate the assistance provided so as to ensure future assistance if needed. Thanks!
Expert:  Legal-Kal replied 6 months ago.
Good afternoon: Please remember to click ACCEPT and rate the assistance provided if you have no other questions. Thank you.