When a Defendant has been convicted previously of at least two of these types of crimes he becomes eligible to be sentenced to a term in prison of 25 to life, if he is convicted OF ANY TYPE OF THIRD FELONY. A 25 to life term is not mandatory however. The judge has the discretion to “strike” (dismiss) one or more of the Defendant’s prior serious or violent felonies.

You might ask why does a judge “strike” or eliminate a prior serious or violent felony? What does the judge look for in deciding whether to essentially save a Defendant from spending the rest of his life in prison? The courts have decided numerous cases in this area and basically have set forth the rule that the court in striking the prior(s) must not act contrary to the spirit of the 3 Strikes Law.

Some of the factors the judge will look at are:
1. Defendant’s current offense is not a violent felony.
2. The punishment under the Three Strikes law is disproportionate to the severity of the current offense.
3. The current offense is relatively minor.
4. The priors stricken are not violent.
5. Defendant’s criminal history displays a lack of violence.
6. Defendant’s criminal history is not long.
7. Defendant’s criminal history is a result of the Defendant’s addiction to controlled substances.
8. Defendant’s prior convictions all arose from a single period of aberrant behavior.
9. Defendant was a minor participant in the present offense.
10. Defendant displays remorse for his criminal conduct.
11. Defendant has made restitution to the victim.
12. Defendant is not deemed to be a danger to persons.
13. Defendant demonstrates a willingness and ability to rehabilitate himself.
14. Defendant was suffering from a mental condition that significantly reduces culpability for the crime.
The above factors are not all of the things the court will look at but if your case falls into one or more of these areas then the chance that the court will “strike” one or more of your prior felony convictions becomes more likely.

If you or a loved one is facing a “Strike” case, with the guidance of an experienced Southern California criminal defense attorney, you can be helped.  We here at Wallin & Klarich can guide you through that process.  We’ve have been helping criminal defendants for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

A person convicted of any new felony who has one “strike” prior will be ineligible for probation, and will receive twice the sentence otherwise prescribed for the new offense. However, when a person has two or more prior strike convictions, he or she will face a minimum of 25-years-to-life in prison, and will be ineligible for good behavior or work credit. Nonetheless, pursuant to a motion filed by defense counsel, the sentencing court may find that the defendant’s second or third strike fall outside the “spirit” of the Three-Strikes Law. In such circumstances, the court may strike or dismiss one or more prior felony convictions.

If you have a prior “strike” conviction and facing new felony charges, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people dismiss prior “strike” convictions for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-strike-cases. We will be there when you call.

An altercation between the two men occurred after the victim’s girlfriend refused to dance with the perpetrator during a birthday party. The victim was stabbed once through his heart and died at the scene of the crime. The police was able to arrest the murderer one hour later at the San Ysidro Port of Entry.

Second-degree murder is a lesser included offense of first-degree murder that involves an intentional killing of a human being that is not willful, deliberate and premeditated. Second-degree murder may be committed in the “heat of passion,” and involves dangerous conduct perpetrated with a reckless disregard for the safety of others. A conviction for second degree murder is normally punishable by imprisonment for a term of 15 years-to-life. Since the perpetrator who had stabbed the victim admitted using a knife, which is considered to be a dangerous weapon, he received an enhanced sentence of 16-years-to-life.

If you have been accused of a homicide, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of manslaughter and murder for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/murder-PC187. We will be there when you call.

The three strikes provision provides that a defendant who commits any felony with two or more “strike” priors must be sentenced to at least 25-years-to-life in state prison. (PC section 667(e)(2)). The two strikes provision provides that a defendant who commits a felony with one “strike” prior must be sentenced to twice the base term of the current felony. (PC section 667(e)(1)). This means if you have a strike on your record, committing another strikeable crime will double your penalty for the crime just committed. There is no time limitation on prior strikes.

The question that begs to be asked is what is a strike? A strike is a conviction in California for “violent” or “serious” felonies. These violent and serious felonies can be anything from murder to robbery. A strike can also come about in the case where a defendant is convicted of a felony where there was great bodily injury (this may include a DUI where there was a substantial injury). A strike can also stem from a juvenile conviction when the juvenile was 16 or 17 years old.

The good thing about the California strike laws is that that you are not subject to multiple strikes within the same case—if you get multiple strikeable counts in one case, you cannot be given double time for the second count because the first count was a strikeable offense. However, if you are convicted of two strikeable counts, they both will go on your record, making the next felony you commit a possible third strike.

There are ways that you can avoid strikes. The most obvious is not to commit a crime; but in the event that you are charged with a crime that would count as a strike, it may be possible to plead down to a non-strikeable offense. Judges also have the power to dismiss prior strikes “in furtherance of justice” even if the prosecution objects. In fact, the judge has the authority to determine if a prior offense qualifies as a strike. This leaves little or no determination for the jury.

If you or a loved one has been charged with a felony, you should contact the attorneys at Wallin & Klarich immediately. Our attorneys have over 30 years of experience in handling “strikeable” offenses. We have the skill and the knowledge to negotiate down strikeable offenses so as to minimize your future risk of incarceration. At Wallin & Klarich our Orange County strike crime defense attorneys work diligently to ensure you the best possible defense at every stage of the criminal process. The attorneys at Wallin & Klarich can be reached by phone at 1-888-749-0034 or through our website www.wklaw.com.