ExpertLaw.com Forums

Gun Enhancements for Serious and Violent Felonies

Printable View

  • 06-03-2014, 03:44 AM
    donaldson
    Gun Enhancements for Serious and Violent Felonies
    My question involves criminal law for the state of: California (Assault with Deadly Weapon)

    Dear lawyers,

    I am a UK student researching California Penal Law, with one very interesting procedural question that is VERY interesting:

    Question: Will a maximum of three filings be allowed prior to establishing the existence of the weapon.

    1. D charged with ADW (a felony).
    2. D's charges dismissed twice on DA's volition. Therefore all other serious charges dropped.
    3. ADW carries a gun enhancement, which allows a maximum of three filings on violent crimes. However, no gun was ever recovered, nor established thru seperate due process.

    PS --> Current case law in this area is non-existent as appellate courts' cases are rarely reported.
    PSS --> Had there been no gun, the ADW's maximum filing threshold will be limited to two filings.
    PSSS --> Not Guilty Until Proven? Perhaps a seperate proceeding on the weapon? Any such procedures?

    Many thanks for your assistance in clarification,

    Cheers,

    Donaldson.
  • 06-03-2014, 05:46 AM
    flyingron
    Re: Gun Enhancements for Serious and Violent Felonies
    Here's a tanner, go call your mum and tell her there are serious doubts about you becoming a barrister.

    With little exception, arrests that do not lead to convictions in the US do not count against you.
    The ADW gun enhancement only applies to the crime actually being tried, not to anything else.

    I have no idea what "three filings allowed prior to establishing the existence of a weapon" means.

    You'll have to rephrase that in American English. The existence of a weapon for the ADW firearm enhancement has nothing to do with the number of times the charges are filed (or there prior record of the offender).
All times are GMT -7. The time now is 10:09 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved