Conviction of those penal code sections gives you a strike for each for a total of two strikes.

Answer Applies to: California
Replied: 9/5/2011

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Penal Code Section 288 includes a few subsections and sub-subsections so I have to answer this based on the information included in the question and with the advisement to contact a criminal defense attorney to verify for you. Penal Code Section 288 (a) (two eighty eight sub-paragraph a) is lewd and lascivious acts upon a minor. This charge is a strike. There is a similar statute that is 288a (two eighty eight A) is a different statute and that is why I caution people to be careful when citing these statutes. 288 (c)(1) is oral copulation upon a person who is under the age of 14 and the perpetrator is more than ten years older than the victim. This charge is also a strike. Therefore based on the information provided you have two strikes and you should be very careful not to be charged with a felony because you could be sentenced to twenty five years to life in prison.

Answer Applies to: California
Replied: 9/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You have two strikes.

Answer Applies to: California
Replied: 9/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

California Penal Code (CPC)section 288(a), 'Lewd Acts With a Child Under 14 Years of Age', is a strike, punishable by 3, 6 or 8 years in prison, at 85% (CPC sections 667.5(c) and 2933.1). That is, a defendant will receive no more than 15% 'good time' credits, and will serve 85% of the sentence. CPC 288(c)(1), 'Lewd Act on a Child 14 or 15 Years of Age' (and the defendant is at least ten years old, as measured by the difference in birthdays) is not a strike (CPC 1192.7; see CPC 1192.7(c)(6)), and is punishable by 1, 2 or 3 years in prison, half-time eligible. The answer to your question is: one strike.

Answer Applies to: California
Replied: 9/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.