Hacker News new | ask | show | jobs
by dragonwriter 1167 days ago
The federal sentencing guidelines have nothing to do with California state criminal law. Of course, if an act is both a federal and state crime, you can be prosecuted for each.

In fact, if an act is a crime in multiple states (which is possible), you can be charged and punished separately by each state as well as the federal government if it is also a federal crime. This rarely happens even where theoretically possible, but it can (its much more common for other jurisdictions to prosecute if you are acquitted in one but the act could be prosecuted in another as well.)

1 comments

>if an act is a crime in multiple states (which is possible), you can be charged and punished separately by each state

For the California three strikes law, am I correct in guessing all three strikes have to be in the state of California, or can 1-2 of the earlier strikes be in another state?

If the former is true, is the optimal choice after 2 strikes to leave California permanently (other than ceasing criminal activity of course)?

> For the California three strikes law, am I correct in guessing all three strikes have to be in the state of California

The prior strikes don't have to be in California or under California law, but if they are convictions from another jurisdiction, the conviction must include all the elements of a California offense which would be countable as a prior strike (one that is classified as a “serious or violent felony”.)

The final strike must be a conviction under California law.

> If the former is true, is the optimal choice after 2 strikes to leave California permanently

Well, I suppose, but note that sonething like 23 other states and the Federal government have three strikes laws, too, and many of them (including the federal one) consider prior strikes from other jurisdictions.

And habitual criminals aren’t often warmly welcomed by foreign immigration authorities.