California Three Strikes Defense Lawyers – California penal code 667

Three Strikes Law – How Does the Prosecution Prove a Prior Strike? – California Penal Code section 667

Like in all criminal matters, the prosecutor has the burden of proving that defendant has been convicted of a prior strike. The prosecution must prove defendant’s prior conviction beyond a reasonable doubt. Typically, the prosecution alleges in the charging document, such as the criminal complaint, that the defendant has been convicted of a prior “serious” or “violent” felony. (See California Penal Code section 667.5 and 1192.7.) The judge will then make the final determination whether or not the prosecution has met its burden of proving that the prior conviction was a strike

Types of evidence used to prove a prior strike

For adults, the entire “record of conviction” can be examined. This record can include any past criminal felony conviction, so long as it is a violent or serious felony. (See California Penal Code section 667.5 and 1192.7.) Similarly, for juveniles, the prior offense that the juvenile was found guilty of must be listed in California Welfare and Institution Code Section 707(b) or as defined as a “violent” or “serious.” (See California Penal Code section 667.5 and 1192.7.)

Jury involvement

The Defendant will get a jury trial on any of the following questions: (1) Whether the records of the prior conviction may have been fabricated; (2) Whether the records may be in error; (3) Whether the records may be otherwise insufficient to establish the existence of a prior conviction. However, if there are no factual issues alleged by the defense, then the defendant might not get the chance to challenge the validity of the prior strikes.