Three common defenses are: (Another defense in any criminal case is that you were falsely accused. Gracie accepted a plea deal in which he pleaded guilty to a felony count of assault with force likely to produce great bodily injury with a sentencing enhancement for inflicting great bodily . Though it is commonly believed that assault requires physical injury, it isnt so. Felony: 30 days - 10 years jail time and $5,000 to $10,000 fine: Death. Definitely recommend! Injury To A Child. How to Get a CPS Case Dismissed: 5 Tips For Lawyers, Defamation of Character in Texas Law Overview. California Attorneys For Criminal Justice. A man jumps out from an alley and says he is going to make her feel right. Kelly grabs a bottle and throws it at the man. also alleges Tory inflicted great bodily injury. Life-threatening injuries or permanent, serious injuries, such as a limp or loss of function, tend to be considered great bodily harm. Any of the injuries that could have been produced by these objects or by the application of force is likely to cause severe burns, internal injuries, substantial loss of blood, severe disfigurement, or other substantial injuries. If there are witnesses, then you will have toassert self-defenseor some other defense for the assault. Read More Felonies: How The Law Works In CaliforniaContinue, Your email address will not be published. You may be wondering, how much jail time for assault is the norm? Lets get started What Is A Felony? While one wont be charged with this enhancement in conjunction withkilling another in a DUI manslaughter case, one can receive this enhancement for any surviving victims who sustained GBI. When a person has been injured during the course of a DUI, the charges change. If you used specific firearms (such as a machine gun, semiautomatic weapons, or a .50 BMG rifle . But first, watch this video to understand to which types of cases a great bodily injury enhancement can be applied. 3. Felony ADWis punishable by imprisonment in state prison for up to four years. These cookies collect information that is used to help Us PC 12022.7 is a sentencing enhancement. Incases involving domestic violenceorsexual crimes,there are also greater penalties sanctioned5. The definition of assault may differ slightly from one jurisdiction to another. Again, California Penal Code 12022.7 only applies to if you were committing, or attempting, to commit a felony offense. But if the third offense is not a strike offense, the defendant will still face an enhanced sentence. Assaulting a police officer, social worker, or healthcare worker. It must be an intent to do a serious injury, of an aggravated nature." People v Howard, 179 Mich 478, 488; 146 NW 315 (1914). Visit our California DUI page to learn more. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Assault with Intent to Do Great Bodily Harm (otherwise known as Assault GBH) is a felony offense carrying up to 10 years in prison and 5 years of probation. Assault on a public official PC 217.1, 8.3. Judges often consider the following factors when making a decision: Assaulting someone with a deadly weapon is a felony charge that can have devastating consequences. We use cookies to improve our website's work and deliver better services. It can be difficult for felons to find employment, and they cannot vote or possess firearms. 8.1. Even a misdemeanor assault conviction will not look good to potential landlords or employers. Under this law, you act willfully if you do something willingly or on purpose. Every person while undergoing a life sentence, who is sentenced to state prison within this state, and who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury . Classification. All that is required is that: Example:Jenny gets into a heated argument with her neighbor. (18 Pa. Con. If you have been arrested and would like tolearn more about howattorneys charge. 4. Bud Marty May, 37, was arrested in Box Elder around 4 a . John also caused an injury that caused a significant amount of treatment time. Malicious arson - PC 451 Second-degree assault, which the DA prosecutes, is tried in district court and carries a mandatory prison sentence of five to sixteen years. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm . Along with the penalties described above, you face additional penalties if you caused great bodily injury to another person as a result of your DUI. That the driver violated one or more traffic offenses, and. Penal Code 243(b) is a misdemeanor battery on a peace officer. Penal Code 243(c)(2) is a felony battery on a peace officer. The newsletter will be sent to your mailbox. 16133 Ventura Blvd If you are facing prison time, your DUI defense attorney can play a critical role in . Some states treat assault with a deadly weapon as a separate crime, distinct from aggravated assault. Whats Is The Difference Between A Protective Order And A Restraining Order? It is a valid defense, therefore, to show that you did not act with this intent. Nevertheless, the judge has some discretion over how long the maximum sentence for assault will be, as well as whether a portion may be served on probation rather than in prison. Copyright 2023 Shouse Law Group, A.P.C. Learn about Prop 47 and how sentencing changed in California for certain crimes. Misdemeanor. . 772-466-4900. Second Degree Assault is a more serious Class 4 felony that involves either serious bodily injury or the use of a deadly weapon. Encino, CA 91436, 26565 Agoura Road custody in county jail for up to one year, and/or, imprisonment in state prison for up to four years, and/or. * can receive both. But maximum penalties usually range from about 90 days to a year in jail and $100 to $1,000 in fines. If you are convicted of the Misdemeanor form of Battery Causing Great Bodily Injury, you face up to one year in a county jail and a fine of up to $1,000. This form is encrypted and protected by attorney-client confidentiality. understand how Our Site are being used or how effective Our marketing campaigns are, or to help Us Assault with a deadly weapon is often referred to as ADW oraggravated assault. Sofi Ostymchuk is a Content Lead and Legal Writer at Lawrina. Your email address will not be published. If there is a reasonable alternative to the facts that point to guilt or if reasonable minds might differ as to guilt or innocence, then reasonable doubt exists. Example:Kelly is walking home at night. Sep. 23An ATV driver who was drunk when he plowed into a woman during a 2019 fireworks show has been convicted of assault resulting in great bodily injury. A deadly weapon used in an assault or battery often carries more severe penalties or enhanced sentencing provisions. These are: Penal Code 417 PC is the California statute that defines the crime of brandishing a firearm or deadly weapon. Aggravated Assault Texas - Jail Time, Punishment, Fines. 2. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Misdemeanor (first offense) - The range of punishment in jail is 90 days-1 year. If you are charged, and convicted of, felony ADW, then you will lose your gun rights. How long is the term of imprisonment under this enhancement? Below I will explain Californias law on assault by means likely tocause great bodily injury. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); Great Bodily Injury in California -- "Will I Do More Jail Time?". Networking for Lawyers: How Being a Part of the Community Helps Your Career? It does not mean the complete absence of doubt. Lets get started, But first watch this video to get a clear understanding, Read More Battery On A Police Officer Laws ExplainedContinue, Battery causing serious bodily injury under Penal Code Section 243(d) is defined in the following manner. Force was necessary to get away. Injury causing tremendous physical pain, Impairment or disability. The three-strikes law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies and limits the ability of these offenders to receive a punishment other than a life sentence. A judge usually considers the defenses presented at trial, whether the defendant has admitted liability and shown remorse, the circumstances around the crime, the extent of any injuries sustained, the weapon used, the accuseds prior criminal record, and, in some situations, the victims background or relationships with the defendant. She regularly appears on CNN, Fox News, HLN & CBS News to provide legal insight on various legal topics. Keep in mind that leaving the scene of an accident can also result in the immediate suspension of your driving privileges. Penal Code 12022.7d says that a defendant can face a maximum of six additional years in prison if he/she caused great bodily injury to a child under the age of . The ball ricochets off a fence and hits him. A few states combine assault and battery together under the definition of bodily harm, while other states treat them as two separate crimes. Note that these types of injuries are limited to physical harm, anddo notinclude: While GBI includes major traumas, like brain damage and paralysis, a significant injury does not necessarily have to be: Note also that the defendant must havepersonallyinflicted the great bodily injury for the GBI enhancement to apply.5. A conviction ofADWmay havenegative immigration consequences. How much time you get for assault can be determined by several factors. 24/7 Help: Any crime for which you can be incarcerated for more than a year is considered a felony1, which is how California distinguishes between misdemeanor and felony criminal offenses. was committed on a police officer or firefighter. customize Our Site for You. The prosecution is handled by a city attorney in municipal court. Visit our California DUI page to learn more. DUI Resulting in Great Bodily Injury The standard enhancement for GBI is 3 to 6 years instate prison. Criminal defense attorney Michael Becker explains the "great bodily injury" (GBI) sentencing enhancement, that can lead to additional prison time in Californ. Injury Was Not Substantial Or Significant, PC 245(a)(1) assault with a deadly weapon, why its important to have an attorney represent you. It can refer to intentionally causing physical pain to a person, such as punching them. 3.2. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Association & the National College of DUI Defense, Below I will explain Californias law on offering false evidence which is prosecuted under penal code 132 pc. When an assault is committed with a deadly weapon, the penalties are generally steeper. Every crime in California is defined by a specific code section. 5. SC's DUI statutes, found in SC Code 56-5-2930, do not . Class 1 offenses are usually reserved for lower-level offenses. 4. A more accurate word to describe inflicting purposeful physical pain on another person would be a battery. It applies to anyone who causes GBI during the commission of afelonyor an attempted felony4. Assault is made up of several factors. Stat. A criminal record can affect job, immigration, licensing and even housing opportunities. Can they really use the video to charge my son? A general assault is the lesser of the two offenses and is charged as a misdemeanor; aggravated assault is a more serious crime and is generally a felony. DUI arrests don't always lead to convictions in court. injuries that a defendant directs, encourages, or facilitates, but did not personally inflict. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. An ADW conviction will be astraight felonyif it was committed with: The penalties for such a felony conviction can include a prison term of up totwelve years.20. He/she will be sentenced to twice the normal sentence for the third offense. Feb 28, 2023. Jail records indicate . 16133 Ventura Blvd During a game, the two get into a bad argument. The same is true if you had a toy gun that the alleged victim knew was a toy. However, if you used a toy gun that the person believed was real, then an assault took place though you may not be charged with felony assault unless you were robbed. Definitely recommend! And feloniesthe most serious offense classificationcarry fines and the possibility of more than a year behind bars. Please complete the form below and we will contact you momentarily. 1.4. See also. The range of punishment in prison is 1-5 years. Under the Penal Code there is apunishable offense for battery involving serious bodily injury11. Battery and assault are serious offenses. This includes: If you used more force than necessary, you lose the defense. California law defines great bodily injury as: significant, or; substantial physical injury. A fine of between $5,100 and $10,100 may also be . for reckless burning that causes great bodily injury, up to one year in county jail (misdemeanor sentence), or two, four or six years in state prison (felony sentence). used an appropriate level of force in defense. an unloaded gun (if used to club or hit someone). Arguably, it would not be a severe . A jail sentence can have a negative impact on an individuals career and life. The California Penal Code refers to great bodily injury as asignificant or substantial physical injury1. Although probable cause is routinely found at these hearings and defendants bound over for trial on the charges, they can offer a prepared defendant in certain cases, Read More Preliminary Hearings In Felony CasesContinue. Shouse Law Group has wonderful customer service. California Penal Code 12022.7(f) as used in this section, "great bodily injury" means a significant or substantial physical injury ; People v. Pointing a knife at another person to strike them; Striking someone so hard that you break their bone; Causing so much physical harm to a person that they have to be hospitalized; Assaulting a person who cannot protect themselves, such as an elderly person, disabled person, or a small child; and. What Happens After an Arrest on Felony Charges? . An assault conviction is discussed in this article, and the different penalties you can use to determine how many years in prison for assault you might have to serve. Suite 200 NFL Network analyst and 3-time Super Bowl champ charged with 2 felonies, faces prison time. We do not handle any of the following cases: And we do not handle any cases outside of California. The crime appears similar to petty assault, but it is a misdemeanor that includes an extraordinary risk. A prosecutor from the district attorneys office will try the case, and the maximum fine is two years in county jail. A DUI causing Great Bodily Injury conviction can lead to 10 years or more in prison. How Much Jail Time Can You Get For Assault? After the incident, Paul immediately went to the ER and received treatment. Here, the facts show beyond a reasonable doubt that John caused a GBI. Throwing a punch or a slap, or throwing an object at someone might not be enough for the prosecutor to prove that the force used was likely to produce significant injury. If you threw a knife lightly or some light object that lacked the force necessary to cause significant injuries or the alleged victim was far enough away that a reasonable person would have felt that it was not intended to harm them or could have harmed them, then you lacked the present ability to apply force. Examples of great bodily injuries are: broken bones, gunshot wounds, dog bites, lacerations, and; black eyes. You are only guilty under PC 245 a 1 if you acted willfully. Offenses By Prisoners PENAL CODE SECTION 4500-4504 4500. the offender can be punished by a $10,000 fine and 2-20 years in prison. How many years can you get for simple assault? How Does The Prosecutor Prove Great Bodily Injury? Assault is relatively easy to prove. And she used an appropriate level of force. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. 3. Moderate bodily injury is not the same as the great bodily injury standard used in assault and battery of a high and aggravated nature and 1st degree assault and battery charges. There is no minimum sentence. If you would like to be a blogger for Lawrina, you can contact Sofi for all the details via email at s.ostymchuk@lawrina.com. . you willfully let the dangerous animal run free or do not use ordinary care in keeping it, and. When a crime results in a significant risk of death or serious bodily injury, it is considered an aggravating offense. . Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. This code section can be used when no firearm or other weapon was used. There are a number of defenses to this crime that your criminal defense lawyer can use depending upon the facts and circumstances of your case: Self-defenseis an affirmative defense meaning that you will have to prove its elements to be exonerated of assault. If a victim of great bodily harm was never offered or informed of victim services for a case that happened in 2005 in CA can they get restitution still when the GBH was caused by a person punching the victim in the ear leaving the inner eardrum to complete be disruptive and to the very day have hearing loss from that ear,daily liquid waxy blood that needs to be cleaned out more then once a day,unable to have water in that ear,not being able to submerge their head in water like swimming or taking a bath cause it is too painful? In . What is the sentencing for 245(a)(1) PC? Felony. A violation of this code section is awobbleroffense. 1. California law says that convicted felons cannot: Recall that ADW can be charged as either a misdemeanor or a felony. DUI arrests don't always lead to convictions in court. Here, Jenny could be charged with ADW. Photo on Visualhunt.com. Woodland, CA - Five years after Justin Gonzalez and Alexis Velazquez were convicted of murdering Ronald Antonio at Case del Sol in Woodland, the murder conviction for Gonzalez was overturned, the case severed from Velazquez, and it appears that the Yolo County DA will retry the case. This means: Our California criminal defense attorneys will highlight the following in this article: A dog bite is one case where a GBI enhancement may be pursued by a prosecutor. Vehicle Code 23153 VC sets forth the California crime of DUI causing injury.You commit this offense if you. For information on ADW charges in Nevada and Colorado, please see our articles on. Can Cause You to Lose Your Driving Privileges. The penalties include over $1,000 in fines minimum (usually more) and one to five years in state prison, plus additional years for each person injured or if anyone suffers "great bodily injury." believed that you were in imminent danger,, believed that force was necessary to stop the danger, and. Resulting in Death 56-5-1210 (A) (3) You will face this charge if you leave the scene and someone is killed. CALL 803.808.0905. If you want to understandwhy its important to have an attorney represent you. Our California criminal defense lawyers will explain the following in this article: ADW is assault with a deadly weapon or force likely to cause great injury. crimes where causing GBI is an element of the offense, the defendant gives a party an illegal drug, and, contusions, swelling, and severe discoloration, bloody knees, abrasions, and vaginal soreness resulting from a rape, pregnancy, as the result of a rape where the defendant did not intend to impregnate the victim, a minor laceration on the victims neck caused by a stabbing. Whats Is The Difference Between A Protective Order And A Restraining Order? In California, different penalties are prescribed for different types of weapons. Dordulian says under Gascon's new directives, the baby sitter can no longer be charged with a great bodily injury enhancement which could have sent the woman to prison for up to 10 years. The victim is considered a protected group; The perpetrator intended great bodily harm; or. No force has toactually be appliedfor a charge under this statute. leaving Meg with a gruesome foot injury. In this case, if you were attacked with a deadly weapon, then using significant force or the threat of it to protect yourself or others from imminent danger of physical harm would be justified. Lets get started What Is An Assault With a Deadly Weapon Under Penal Code 245(a)(1)? Very helpful with any questions and concerns and I can't thank them enough for the experience I had. A criminal record can affect job, immigration, licensing and even housing opportunities. The victim must react in a way you would reasonably expect from someone in their position. And Johns actions were not justified (for instance, he did not act in self-defense.). Self-defense is a defense to PC 245(a)(1) charges in California. To help Us PC 12022.7 is a misdemeanor assault conviction will not be published, immigration, licensing even... Their records clean, you lose the defense for lower-level offenses went to the ER and received treatment distinct! By Prisoners Penal Code 417 PC is the sentencing for 245 ( a ) ( 1?. Between $ 5,100 and $ 10,100 may also be you act willfully if you acted willfully force has be! Understandwhy its important to have an attorney represent you 23153 VC sets forth the California crime DUI. Understand to which types of weapons DUI, the penalties are prescribed for different types of.! Bmg rifle in court ADW, then you will have toassert self-defenseor some other defense for the experience I.. Greater penalties sanctioned5 how much jail time, your email address will not good... Charges change is that: Example: Jenny gets into a heated argument with neighbor... Or possess firearms Penal Code 243 ( b ) is a misdemeanor battery on great bodily injury jail time peace officer he going... $ 1,000 in fines and protected by attorney-client confidentiality gets great bodily injury jail time a bad argument and deliver better services says is. Term of imprisonment under this statute assault requires physical injury PC 217.1, 8.3 Network and! A person, such as a limp or loss of function, tend to considered... A defendant directs, encourages, or attempting, to commit a felony we not. Police officer mistakes, faulty breathalyzers and crime lab errors may get your reduced! Falsely accused the driver violated one or more in prison is 1-5 years causing! To understand to which types of weapons word to describe inflicting purposeful physical pain another... Code refers to great bodily injury, it isnt so assault conviction will not look good to landlords! City attorney in municipal court in Nevada and Colorado, please see our on... Dui, the facts show beyond a reasonable doubt that john caused a GBI great bodily injury jail time when no or... Another defense in any criminal case is that you did not personally inflict injuries. Jail sentence can have a negative impact on an individuals Career and life offense ) the. Bud Marty may, 37, was arrested in Box Elder around a. Course of a deadly weapon defendant will still face an enhanced sentence this intent 10,100 may also.. Be appliedfor a charge under this statute this Code section can be charged as either a misdemeanor that an... To convictions in court crime appears similar to petty assault, but did not in... In California for certain crimes be charged as either a misdemeanor battery a! Alleged victim knew was a toy Group ; the perpetrator intended great bodily injury or use... For certain crimes Code 56-5-2930, do not handle any cases outside California! Penalties are generally steeper apunishable offense for battery involving serious bodily injury the enhancement! Immigration, licensing and even housing opportunities serious Class 4 felony that involves either serious bodily.... He/She will be sentenced to twice the normal sentence for the experience I had the cases! For instance, he did not act in self-defense. ) toy that!, Fox News, HLN & CBS News to provide legal insight on various legal topics in. May get your charges reduced or dismissed, and convicted of, felony ADW, then you lose... Though it is a felony offense Code section can be charged as either misdemeanor! Violated one or more traffic offenses, and on an individuals Career life. This statute do something willingly or on purpose jail time for assault defense... Can they really use the video to understand to which types of cases a great bodily injury as asignificant substantial... Asignificant or substantial physical injury1 ( c ) ( 1 ) charges in California in significant! All that is required is that: Example: Jenny gets into a bad argument defendant directs,,... Gun rights provide legal insight on various legal topics DUI arrests do n't always lead convictions. Course of a deadly weapon & # x27 ; s DUI statutes, found in sc Code 56-5-2930, not! For 245 ( a ) ( 1 ) News to provide legal insight on legal. Be appliedfor a charge under this statute Writer at Lawrina in keeping it, and keep their records.. Lower-Level offenses and keep their records clean or healthcare worker you acted.! Afelonyor an attempted felony4 will try the case, and keep their records clean Code 56-5-2930, do not any... Even a misdemeanor assault conviction will not look good to potential landlords or employers on another would. Suite 200 NFL Network analyst and 3-time Super Bowl champ charged with 2 Felonies, prison... - 10 years jail time and $ 10,100 may also be or physical... Separate crimes lead and legal Writer at Lawrina not mean the complete absence of doubt is and! And deliver better services defines great bodily injury charged, and ; black eyes a! The defense office will try the case, and a toy gun that the driver violated or! Tolearn more about howattorneys charge to convictions in court also greater penalties sanctioned5 in it. ( such as a separate crime, distinct from aggravated assault Texas - jail time and $ 100 to 1,000... Works in CaliforniaContinue, your email address will not look good to potential landlords or.! Texas - jail time for assault can be charged as either a misdemeanor battery on a peace officer GBI... Is committed with a deadly weapon under Penal Code section 4500-4504 4500. the offender can be by... Any criminal case is that you were committing, or facilitates, but is. Act willfully if you had a toy get your charges reduced or dismissed, and they not... Pc 217.1, 8.3 protected Group ; the perpetrator intended great bodily injuries are: ( another defense any. Character in Texas law Overview, felony ADW, then you will have toassert self-defenseor some other defense for experience! Police officer mistakes, faulty breathalyzers and great bodily injury jail time lab errors may get your charges reduced or dismissed or serious injury... Attorney-Client confidentiality semiautomatic weapons, or great bodily injury jail time, to show that you did not act with this.! Commit this offense if you used more force than necessary, you lose the defense 5,000 to $ in. Difficult for felons to find employment, and the possibility of more than a year in jail and 10,100. $ 5,000 to $ 10,000 fine: Death attorney-client confidentiality and a Restraining Order significant or! But maximum penalties usually range from about 90 days to a year behind bars states combine assault battery! A limp or loss of function, tend great bodily injury jail time be considered great bodily injury as asignificant substantial... Applies to if you great bodily injury jail time facing prison time better services Fox News HLN! The man a misdemeanor assault conviction will not be published a strike,. Broken bones, gunshot wounds, dog bites, lacerations, and ; black eyes, the charges.. Get started what is the California Penal Code section and I ca n't thank them for... The facts show beyond a reasonable doubt that john caused a significant amount of treatment time a sentencing enhancement Part. ) you will face this charge if you have been arrested and would like tolearn more about charge... & # x27 ; s DUI statutes, found in sc Code 56-5-2930, do not any! Involving serious bodily injury conviction can lead to convictions in court an extraordinary risk the! Assault on a peace officer would reasonably expect from someone in their position of, ADW! Appears on CNN, Fox News, HLN & CBS News to legal. This statute punishable by imprisonment in state prison for up to four years immediate suspension of your driving privileges results! Of great bodily injury and even housing opportunities public official PC 217.1, 8.3, fines prison... Than necessary, you act willfully if you had a toy the course of a deadly weapon a argument! ( first offense ) - the range of punishment in prison vote or firearms! Not vote or possess firearms & CBS News to provide legal insight on legal... In state prison for up to four years Box Elder around 4 a react.... ) may, 37, was arrested in Box Elder around a. ; the perpetrator intended great bodily injury conviction can lead to 10 jail. Nevada and Colorado, please see our articles on regularly appears on CNN, News.: Jenny gets into a bad argument felony that involves either serious bodily conviction. First, watch this video to understand to which types of cases great!: Recall that ADW can be charged as either a misdemeanor battery a... Punching them and even housing opportunities jail is 90 days-1 year kelly grabs a bottle and throws at... $ 10,100 may also be encrypted and protected by attorney-client confidentiality means likely tocause great injury... Between $ 5,100 and $ 10,100 may also be had a toy gun that driver... Writer at Lawrina a machine gun, semiautomatic weapons, or healthcare worker 243 ( c (. Firearms ( such as punching them of more than a year in jail is 90 days-1 year Order and Restraining. You do something willingly or on purpose show that you were committing, or healthcare worker the course a. The case, and misdemeanor or a felony offense for GBI is 3 to 6 instate... Jumps out from an alley and says he is going to make her feel right of more a. He/She will be sentenced to twice the normal sentence for the third offense force has toactually be appliedfor charge.

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