Can someone please explain this California Penal code?
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Can someone please explain this California Penal code?
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FutureLEO16
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This is what the California Penal Code for 667.5 (A) says:
667.5. Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
"(a) Where one of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any
other prison terms therefor, the court shall impose a three-year term
for each prior separate prison term served by the defendant where
the prior offense was one of the violent felonies specified in
subdivision (c). However, no additional term shall be imposed under
this subdivision for any prison term served prior to a period of 10
years in which the defendant remained free of both prison custody and
the commission of an offense which results in a felony conviction."
And subdivision c talks about all the crimes, which are in general most of the felonies you could get convicted of. Basically it's a steeper sentencing due to prior prison terms and if a new offense has been made. |
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Platypus
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It says that when a person commits a "violent felony" for a second (or more) time, 3 extra years of prison will be added, for each time the person previously committed a "violent felony," to the sentence.
That means that if it is a first offense, usually nothing extra happens (just the normal sentence); if it is the second violent offense, 3 years will be added; for the third offense, 6 years will be added; for the fourth offense, 9 years will be added; etc.
In the source I listed, what counts as a violent felony is defined in section (c). |
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MS2
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You can't use one prior twice in sentencing.
One prior=$50,000 Bail increase
Two or more=$1,000,000 Bail increase |
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