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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118747
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My nephew already has a strike with gang enhancements now he

Customer Question

my nephew already has a strike with gang enhancements now he is charged with assault on a person with A SEMIAUTOMATIC ALSO DISCHARGE WITH A SEMIAUTOMACTIC IN A INHABITED DWELLING AND POSSESION OF A FIREMAN
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: CA
JA: Have you talked to a lawyer yet?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO THANK YOU
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding your situation, as your nephew is in a very bad situation with some very serious charges?
Customer: replied 1 year ago.
yeѕ ι ĸnow тнaт
Expert:  Law Educator, Esq. replied 1 year ago.

What is your question for us though?

Customer: replied 1 year ago.
1085;ow мυcн тιмe ιѕ нιѕ looĸιng aт wιтн a lawyer and wιтнoυт one
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

We cannot tell you with or without a lawyer, this is a felony and the court will force him to have a lawyer and if he cannot afford one the court will appoint an attorney to represent him.

The maximum sentence for this charge is 2-4 years and generally with his prior record he can be looking at 3-4 years on each offense I am afraid. Plus up to a $10,000 fine. While these offenses are called "wobblers" in CA, they are felonies with a semi automatic weapon and considered much more serious.

He will be appointed a public defender if you cannot afford an attorney for him and in most cases the attorney can at the very least stop the court from sentencing him to consecutive sentences, meaning running each sentence back to back so he could potentially do a maximum of 12 years and at least try to keep his time down to a minimum of 3-4 years total (presuming of course the attorney cannot get the charges dismissed on the evidence or some legal technicality that is).