Legal Question in Criminal Law in California

Convicted Felon Possession Assault Weapon

I have an in-law who is being charged in California with:

PC 12021(A)(1) F Convicted Felon or Narcotic Addict Poss Firearm

PC 12280(B) F Possession Assault Weapon

With Prior about 15 years ago:

PC 245(A)(1) F Assault w/deadly weapon/instrument non-firearm produce GBI

PC 459 F Burglary

I am going to be caring for his children during this process and long term if he is convicted. Can anyone help me out with an idea what type of sentence he is looking at, so I can plan for his childrens future? His lawyer has asked everyone he knows to write letters to the Governor and President for a pardon. This cannot be a good sign.

I am just looking for a realistic idea so I can plan accordingly for these kids. Any information would be appreciated.

Thank You


Asked on 10/13/08, 10:52 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Convicted Felon Possession Assault Weapon

Anticipate several years, or more, in prison.

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Answered on 10/13/08, 2:25 pm
Jay Leiderman Leiderman Devine LLP

Re: Convicted Felon Possession Assault Weapon

If that 459F from way back was a first degree burglary conviction than the individual has two prior strikes and is looking at 25 to life.

If only the 245 is a strike it doubles the punishment of whatever he pleads to - for example, 12021 carries a maximum of 3 years x 2= 6 years served at 80 %.

Other than that, there are too many variables to answer this question with great certainty. Here's a thought - why not ask his lawyer, the one who knows the case and is in the position of giving you the best answer.

Good luck to you and the accused.

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Answered on 10/13/08, 2:27 pm


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