Prior Felony Convictions | Fresno Criminal Defense Attorney

Pleading and Proving Prior Convictions and Prison Terms.

Having a prior felony conviction that you were sentenced to prison on may enhance any future felony sentence. Depending on its nature, a prior felony conviction may be used to enhance a sentence imposed under the determinate sentencing law. Penal Code section 667.5(b) provides fora 1-year sentence enhancement for each prior prior separate prison term served county jail term imposed under Penal Code section 1170(h) for any felony. There is a "washout" period after which the prior may not be used. Under California law priors have a 5-year washout period, which means that the defendant must have been free from both prison custody or imposition of a county jail term under Penal Code 1170(h) and the commission of an offense resulting in a felony conviction for that period.

Essentially, what this means is that if you are convicted of a felony offense and are not granted probation and have to serve an actual term then any future felony conviction within 5 years from your last term of custody will result in an additional 1 year. The court has the discretion to not sentence you to the additional 1 year in custody if facts and circumstances would justify.

If you are facing a new felony charge and have a prior felony enhancement alleged it is good idea to contact an attorney immediately. Often times I have experienced enhancements incorrectly charged which if not had been thoroughly investigated would have resulted in a client receiving unnecessarily an additional year of custody.

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Mr. Rodriguez has handled thousands of criminal cases in Fresno, Madera, and Tulare County including penal code violations of 187, 211, 288(a), 269(a)(1), 4591st degree and health and safety code violations of 11377(a), 11350(a), 11378(a), 11351, and 11360(a). When it matters the most you will want someone with experience.

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Fresno Criminal Defense Attorney Jonathan Rooker reminds you this page is not intended to act as legal advice.

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