Legal Question in Criminal Law in California

What are "special allegations" with regards to sentencing considerations in a criminal case, such as a Health and Safety Code violation?


Asked on 5/07/10, 9:12 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

A special allegation could mean that the defendant used a gun, or had more than X number of kilos of a drug, or caused great bodily injury, or committed the crime against a child or elderly person, you get the idea. If the special allegation is proved, the defendant gets extra prison time.

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Answered on 5/12/10, 9:29 am
Anthony Roach Law Office of Anthony A. Roach

It depends on the offense charged and the special allegation. Because you mentioned the Health and Safety Code, I immediately thought of drugs. A special allegation could mean what Mr. Stone mentioned with respect to that drug, or even a prior conviction. Special allegations usually cause the crime to be treated more seriously, and increase the sentence.

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Answered on 5/12/10, 7:52 pm


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