u/oBaZe_

I’m looking for input from California criminal defense attorneys, prosecutors, or anyone with firsthand experience in the California criminal justice system. I understand no one here can give me legal advice or predict my outcome, and I already have an experienced criminal defense attorney. I’m mainly trying to make sure I’m asking the right questions before making what is probably the biggest decision of my life.

I’m a first-time offender with absolutely no prior criminal history.

The incident involved a firearm. No one was physically injured, but several people testified they feared for their lives. A firearm was discharged into the ground during the incident. Mental health diversion was denied after a hearing.

I was originally charged with multiple felony counts arising out of the same incident, including three counts of PC 245(b) with firearm enhancements and other related charges. The current plea offer is:

Plead guilty to one count of PC 245(b) (Assault with a Semiautomatic Firearm)
Three-year California state prison sentence
One strike
All remaining counts would be stayed as part of the plea agreement

According to my attorney, the DA has stated this is the lowest offer they are willing to make. If I reject it and lose at trial, my exposure is substantially higher.

Since the incident, I’ve voluntarily done everything I can to turn my life around. I’ve attended weekly individual therapy, weekly anger management, completed firearm safety training, become active in my Catholic Church, gathered numerous character letters, remained employed, and continue helping support and care for my disabled mother. My attorney presented extensive mitigation, but the DA still rejected probation.

The judge reportedly encouraged the prosecution to work toward a resolution that did not involve prison, but the DA declined and maintained the current offer.

I’m not asking anyone to tell me whether I should accept the plea or go to trial. I know no one here has access to the discovery or every fact of my case.

What I am hoping to learn is:

If this were your client, what additional questions would you want answered before making a final decision?
In your experience, how often do prosecutors say an offer is “final” but later change it before trial?
Is it common to obtain a second forensic psychiatric or psychological evaluation after mental health diversion has been denied, or is that generally only worthwhile if there’s genuinely new evidence?
Are there collateral consequences of pleading to a single PC 245(b) with one strike that people often don’t realize until after sentencing?
Is there anything else you would recommend discussing with my attorney before making this decision?

I know this is ultimately my decision, and I’m not looking for false hope. I’m simply trying to educate myself and make the most informed decision possible.

Thank you to anyone willing to share their experience or perspective.

I’m looking for advice from people who have actually been through California state prison or have firsthand experience with CDCR.

I’m a first-time offender with no criminal history/affiliation. After more than a year of court, I’ve been offered a plea to one count of PC 245(b) with a 3-year state prison sentence. The remaining charges would be stayed as part of the agreement. No one was physically injured in the incident.

I’m not asking whether I should take the deal or for legal advice. I already have an attorney. I’m trying to prepare myself in case I accept it.

Since this happened about 14 months ago, I did 5 months of voluntary anger management and 10 months of therapy, became involved in my Catholic church, completed my sacraments, and have been doing everything I can to improve myself. Unfortunately, mental health diversion was denied. For those who have actually been through CDCR:

What was reception like?
How long were you there before being transferred?
What do you wish you had done before surrendering?
How did you stay in contact with family?
What helped you mentally get through the first few months?
Any advice for someone going into prison for the first time?

I’m trying to prepare myself as much as possible and would appreciate hearing real experiences rather than TV or movie versions of prison.

Thank you.

I’m looking for advice from people who have actually been through California state prison or have firsthand experience with CDCR.

I’m a first-time offender with no criminal history/affiliation. After more than a year of court, I’ve been offered a plea to one count of PC 245(b) with a 3-year state prison sentence. The remaining charges would be stayed as part of the agreement. No one was physically injured in the incident.

I’m not asking whether I should take the deal or for legal advice. I already have an attorney. I’m trying to prepare myself in case I accept it.

Since this happened about 14 months ago, I did 5 months of voluntary anger management and 10 months of therapy, became involved in my Catholic church, completed my sacraments, and have been doing everything I can to improve myself. Unfortunately, mental health diversion was denied. For those who have actually been through CDCR:

What was reception like?
How long were you there before being transferred?
What do you wish you had done before surrendering?
How did you stay in contact with family?
What helped you mentally get through the first few months?
Any advice for someone going into prison for the first time?
I’m trying to prepare myself as much as possible and would appreciate hearing real experiences rather than TV or movie versions of prison.

Thank you.

I’m looking for advice from people who have actually been through California state prison or have firsthand experience with CDCR.

I’m a first-time offender with no criminal history/affiliation. After more than a year of court, I’ve been offered a plea to one count of PC 245(b) with a 3-year state prison sentence. The remaining charges would be stayed as part of the agreement. No one was physically injured in the incident.

I’m not asking whether I should take the deal or for legal advice. I already have an attorney. I’m trying to prepare myself in case I accept it.

Since this happened about 14 months ago, I did 5 months of voluntary anger management and 10 months of therapy, became involved in my Catholic church, completed my sacraments, and have been doing everything I can to improve myself. Unfortunately, mental health diversion was denied. For those who have actually been through CDCR:

What was reception like?
How long were you there before being transferred?
What do you wish you had done before surrendering?
How did you stay in contact with family?
What helped you mentally get through the first few months?
Any advice for someone going into prison for the first time?
I’m trying to prepare myself as much as possible and would appreciate hearing real experiences rather than TV or movie versions of prison.

Thank you.