California Three Strikes Defense Lawyers – California penal code 667

Three Strikes Law – Frequently Asked Questions California Penal Code sections 667.5  

 

 

 

 

Can you have multiple strikes from a single past case?

Short answer, yes. If you plead to two felony counts, you will have two strikes on your record. Sometimes prosecutors will offer less time in prison in exchange for more strikes. This “deal” is often detrimental to defendants because by pleading guilty to two strikes, if the defendant is subsequently convicted of another serious or violent felony, then they will be sentenced to a minimum of 25 years to life.

You cannot be subject to multiple strike provisions within the same case. In other words, if you are accused and convicted of two counts of violent felonies (both in the same case) you will not get double time on count two just because count one is a strike. The court will have some discretion to dismiss priors because they came from a single case.

Does assault count as a strike?

Yes, any assault committed with the intent to commit a felony is deemed a serious and violent felony. Moreover, assault with the intent to commit rape or robbery or against a peace officer is considered a serious or violent felony. A conviction of these assault crimes will count as a strike.

What is mayhem?

California Penal Code section 203 defines mayhem as any person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.

Does vandalism count as a strike?

It depends. Vandalism (California Penal Code section 594) is considered a wobbler, which means the prosecution can either file the case as a misdemeanor or a felony, depending on the circumstances of the case. If defendant is convicted of misdemeanor vandalism, then it does not count as a strike because it is not a felony. Even if defendant is convicted of felony vandalism, it will not qualify as a strike because vandalism is not a serious or violent felony. (See California Penal Code section 667.5 and 1192.7.)

However, if a person is charged with vandalism committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, the conviction will be considered a strike (see Penal Code section 186.22)

Can I remove a previous strike?

Yes, you can remove a previous strike. This is often referred to “striking a prior strike.” A defendant can seek to have a judge remove a previous strike by filing a Romero motion. The court will consider many factors such as the nature of the previous crime, the defendant’s criminal history, and the amount of time elapsed since the prior conviction.