Legal Question in Criminal Law in California

My husband was convicted of felony "attempted Vandalism" and sentenced to 1 year which they doubled due to a prior strike so he just went to prison for 2 years for an attempted vandalism, this is ridiculous and cannot be legal, please anyone? he was orignially charged with a crime he was innocent of and was very angry about being in jail for it and kicked and elevator door due his anger over being falsely accused 6 months later they dismissed the crime he was innocent of and sent him to prison for kicking the elevator door while in custody. Ridiculous.


Asked on 4/17/14, 11:14 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

"ridiculous and cannot be legal" ??

"innocent" ??

Priors and strikes cause 'enhancement' of sentencing, and a prison term upon conviction of a felony is the 'legal' specified penalty, and not 'ridiculous'.

Innocence should have been raised in defense at trial, or was waived in a plea bargain. Sorry, but being angry at the outcome now does not change the fact that he either agreed to the sentence, or a judge or jury found him guilty after hearing the case evidence and defenses.

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Answered on 4/17/14, 11:27 am


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