Does possession of drugs count as a 1st or 2nd strike under California's 3-strikes law?
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Does possession of drugs count as a 1st or 2nd strike under California's 3-strikes law?
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Will possession of illegal drugs count as a serious or violent felony in the state of California? Please provide a credible link that supports your answer. Thanks :)
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a serious or violent felony = 1st or 2nd strike. :) the third strike is just any crime i think.
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John S
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Simple drug possession is not a serious or violent felony, and thus not a strike. (Pen. C 667, 667.5(c), 1192.7.) |
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Matt
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I believe that drugs are just plan BAD. Exept for heroine. Heroine isnt really that bad. I mean I do it like every time I pee. My arms have been getting a little dark though but what the hey that cant be anything seious. |
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dazed&confused
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The exact application of the three-strikes laws varies considerably from state to state. Some states require all three felony convictions to be for violent crimes in order for the mandatory sentence to be pronounced, while others — most notably California — mandate the enhanced sentence for any third felony conviction so long as the first two felonies were deemed to be either "violent" or "serious," or both.
If the possession is a felony, especially if it includes intent to distribute or traffic, yes it counts. |
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