Legal Question in Criminal Law in California

my boyfriend was found NOT GUILTY of 1st and 2nd degree murder but was found GUILTY of involuntary manslaughter with a gang enhancement...he has one strike already how much time can he be sentenced for? if he appeals this conviction does that mean he could possibly be charged with/tried in court again for the 1st or 2nd degree murder charge? does double jeopardy apply in the appeals process?/


Asked on 12/07/12, 8:30 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Offhand I don't know what range of sentences your boyfriend faces. But I can tell you that the acquittals are final. The government cannot appeal an acquittal. Regardless of what happens in your boyfriend's appeal, he cannot be re-tried on those counts.

There are narrow exceptions to this rule, and they rarely come up. An example is where the defendant has tampered with the judge or jury. The rationale is that a new trial is not double jeopardy because the defendant was never in jeopardy to begin with.

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Answered on 12/08/12, 3:36 pm


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