How much is the jail time in California for attempted murder, two counts of assault with a weapon (a metal pipe/pole) and domestic violence charges? 9 Answers as of April 15, 2013

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Attempted first degree murder carries a life sentence with a 7 year minimum. Attempted second is a max of 9 years but either sentence can carry substantial additional enhancements that can make the sentence much longer. (ADW by the way carries a max of 4 years again without possible applicable enhancements)
Answer Applies to: California
Replied: 12/24/2012
Steven Alpers | Steven Alpers
That is a vague question. It depends on the circumstances and your prior record. You need a lawyer to represent you in court.
Answer Applies to: California
Replied: 11/30/2012
The Law Office of Jared Eisenstat | Jared Eisenstat
Potentially life in prison. The person charged should speak with an attorney immediately.
Answer Applies to: California
Replied: 11/30/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If charged as willful and premeditated attempted murder, the sentence is life in state prison with the possibility of parole. Assault with a deadly weapon is potentially 4 years and the DV up to 3. A person facing these charges needs an attorney and should not say anything to anyone except the attorney or attorney's agents.
Answer Applies to: California
Replied: 11/30/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. The charges actually filed by the prosecutor will determine how much ?time? could potentially be imposed. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors and strikes will add penalty enhancements. If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well. You'll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors evidence when appearing for arraignment at the first court hearing. Police and prosecutors can add or amend charges at any time. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this,
Answer Applies to: California
Replied: 11/30/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    California Penal Code 664 PC sets forth the penalties for attempted crimes. Generally, an attempted crime subjects you to half the jail or prison sentence that you would otherwise face if you completed the attempted crime. Attempted murder is a felony. Like Penal Code 187 PC California's murder law, it is divided into first and second-degree attempted murder. If convicted of first-degree attempted murder you face a life sentence in the California state prison with the possibility of parole (to be determined during a California parole board "lifer" hearing). If the first-degree attempted murder was committed against a peace officer, firefighter, or other protected person who was engaged in the performance of his/her duties, you face the same sentence, but must serve a mandatory minimum 15-year sentence. If convicted of second-degree attempted murder you face a five, seven, or nine-year state prison sentence. Assault is a violation of California Penal Code Section 245. (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
    Answer Applies to: California
    Replied: 11/29/2012
    Law Offices of James Elliot McIntosh
    Law Offices of James Elliot McIntosh | James Elliot McIntosh
    7.5 to life.
    Answer Applies to: California
    Replied: 4/15/2013
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If the attempted murder is allege to have been with premeditation & deliberation, it is a life crime. The assault with a deadly weapon could add additional time for each victim, as well as the domestic violence charge (but they may 'merge' if they are against the same victim). Bottom line? Life plus. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
    Answer Applies to: California
    Replied: 11/29/2012
    Richard Blumenfeld, Attorney at Law
    Richard Blumenfeld, Attorney at Law | Richard Blumenfeld
    Attempted murder, without premeditation and deliberation, carries 5, 7, or 9 years in state prison. If the assault and domestic violence charges stem from the same incident, involving the same alleged victim, no additional time could be imposed. However, if there is more than 1 victim or separate incidents of assault/domestic violence against the same victim, each additional assault carries an additional 16 months of prison time.
    Answer Applies to: California
    Replied: 11/29/2012
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