The Five Year Prior in Three Strikes Cases: California’s Hidden Sentencing Danger
Jerod Gunsberg, Los Angeles Criminal Defense Lawyer
Under California Penal Code Section 667(a), if a defendant is conflicted of a class of felonies known as serious or violent felonies (or both), then any subsequent conviction is automatically enhanced by 5 years in state prison in addition to whatever additional term is imposed.
read moreCalifornia Court of Appeal Says Rap Lyrics Are Criminal Threats
Jerod Gunsberg, Los Angeles Criminal Defense Lawyer
Last week, the California Court of Appeal ruled that rap lyrics may not be protected speech under the First Amendment if a trial court determines that the lyrics contain threats to a victim under California Penal Code Section 140(a). The case stems from…
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