• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

help :(

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TMANN100105

Junior Member
What is the name of your state (only U.S. law)? California
My husband was arrested and charged with pc422,pc166(a)(4), and VC23103(a). What kind of time is he looking at and is there a possibility of parole?
 


FlyingRon

Senior Member
16 months to 3 years on the criminal threats.
A year on the court order violation
90 days on the reckless driving.

What's likely or possible, can't be determined with such scant information.

He definitely needs a lawyer though.
 

CdwJava

Senior Member
The 422 (Criminal threats) is also considered a violent felony that can be used as a strike allegation. If he has past felonies, or past strike-able offenses, he could be in deep doo-doo!
 
Actually 422 is a wobler and can be a misdemeanor as well, so its not just the low/mid/upper terms of prison, this can stay county. Often these are charged as or even dropped to a misdemeanor.

Parole is what is granted after a term in Prison and is part of sentencing...

I think you are asking is if there is a chance of probation and avoiding prison. There is usually a big chance of probation, especially "wobbler" crimes, but it would be impossible to guess. Many factors, including local factors, play into that.

166 usually has to do with a restraining order.

Reading your charges it looks like he accused of threatening/terrorizing someone who has a restraining order against him?

If I were a betting person, that will not likely result in Prison time initially... presuming he is not on parole/probation or otherwise have stuff hanging over him. He could be very well on the road to prison though.
 

CdwJava

Senior Member
Perhaps I should have clarified and explained that 422 is often charged (by the arresting/reporting agency) as a felony. What the DA chooses to do later is up to him or her. But, the police will consider it a felony, and for the most part this offense has one of the highest bail amounts of any offense on a local bail schedule. In my county, I think it stands as the second highest bail.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top