35+ Years Criminal Defense Experience in California

awards

3 Strikes Law – Serious or Violent Felony Offense PC 1192.7(c) and PC 667.5

Facing a “Strike Offense” in California?

If you are facing criminal charges for any of the following crimes – either a serious felony offense under PC 1192.7(c) or a violent felony offense under PC 667.5 – you need to be aware that these are considered “strike offenses” according to California’s Three Strikes Law. You should never plead guilty to a strike offense without first retaining the legal services of an experienced strike defense lawyer who can help you determine how you might be able to avoid pleading guilty to a strike offense.

List of Offenses that Can Act as a Strike on your Criminal Record

If you have prior felony convictions on your record and are convicted of a subsequent felony, the Three Strikes Law will only come into play if your previous felony convictions were for serious or violent offenses as listed under California PC 667.5 and PC 1192.7 (c). Here is a list of some of the offenses that can act as a strike on your criminal record:

Serious Felony Offenses [PC 1192.7(c)] and/or Violent Felonies [PC 667.5]

  • Murder or voluntary manslaughter (Penal Code section 187)
  • Mayhem (Penal Code section 203)
  • Rape (Penal Code section 261 and 262)
  • Sodomy (Penal Code section 286)
  • Oral copulation (Penal Code section 288a)
  • Lewd or lascivious (Penal Code section 288)
  • Any felony punishable by death or imprisonment in the state prison for life
  • Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm

    three strike law in california wallin & klarich law
    If a firearm is used in the felony act, the offense may act as a strike on your criminal record.
  • Attempted murder (Penal Code section 187)
  • Assault with intent to commit rape or robbery; (Penal Code section 264.1 and section 211)
  • Assault with a deadly weapon or instrument on a peace officer (Penal Code section 241)
  • Assault by a life prisoner on a non-inmate (Penal Code section 4500)
  • Assault with a deadly weapon by an inmate (Penal Code section 4500)
  • Arson (Penal Code Section 451)
  • Exploding destructive device with intent to commit murder (Penal Code section 12308)
  • Causing bodily injury with explosive or destructive device (Penal Code section 12309)
  • Causing death or mayhem with explosive or destructive device (Penal Code section 12310)
  • Any burglary of the first degree (Penal Code section 459)
  • Robbery or bank robbery (Penal Code section 211)
  • Kidnapping (Penal Code section 207)
  • Holding of a hostage by a person confined in a state prison (Penal Code section 4503)
  • Attempt to commit a felony punishable by death or imprisonment in the state prison for life
  • Any felony in which the defendant personally used a dangerous or deadly weapon (Penal Code section 245)
  • Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug (Health and Safety Code Section 11055)
  • Penetration by foreign object (Penal Code section 289)
  • Grand theft involving a firearm (Penal Code section 487)
  • Carjacking (Penal Code section 215)
  • Participation in a criminal street gang (Penal Code section 186.22)
  • Assault with the intent to commit mayhem, rape, sodomy, or oral copulation (Penal Code section 220)

    PC 675.5 strikeable offense
    Assault with intent can also be considered a “strike” offense in California.
  • Throwing acid or flammable substances (Penal Code section 244)
  • Assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter (Penal Code section 245)
  • Assault with a deadly weapon against a public transit employee, custodial officer, or school employee (Penal Code section 245.2, 245.3 and 245.5)
  • Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of (Penal Code section 246)
  • Commission of rape or sexual penetration in concert with another person (Penal Code section 264.1)
  • Continuous sexual abuse of a child (Penal Code section 288.5)
  • Shooting from a vehicle (Penal Code section 12034)
  • Intimidation of victims or witnesses (Penal Code section 136.1)
  • Criminal threats (Penal Code section 422)
  • Committing a felony while using a firearm (Penal Code section 12022.53)
  • Possession a weapon of mass destruction a (Penal Code section 11418)
  • Conspiracy to commit an offense described in the list above (Penal Code section 182)

Out of State Serious and/or Violent Felony Convictions

It is important to note that out of state convictions count as a strike for purposes of California’s Three Strikes Law so long as they would have qualified as a serious or violent felony if committed in California. This means that even if the out of state conviction is not considered a strike under the laws of that state, it can be treated as a strike offense if it listed under California PC 1192.7 and PC 667.5. This holds true even if the prior out of state conviction was removed from your record under the laws of that state.

Ex Post facto law does not apply to Three Strikes Laws in California

An ex post facto law is any law that retroactively punishes an individual for an act that was not considered illegal when committed, or one that increases the punishment for a criminal offense that was committed prior to the law’s enactment. Under both the California and United States Constitutions, ex post facto laws are considered unconstitutional and subject to appeal.

The California Three Strikes Law allows the court to use evidence of your prior convictions for any serious or violent felony occurring before it went into effect in 1994 in order to increase the punishment associated with any felony conviction after that date. Surprisingly, California criminal courts have upheld the constitutionality of the Three Strikes Law even though it increases the punishment for your current offense by relying on your past conduct. The rationale is that the law doesn’t add any additional punishment for crimes committed prior to 1994, but rather it uses those convictions as a basis to increase your sentence for future crimes committed after the law was put into effect.

California’s Three Strikes Law Defense Attorneys at Wallin and Klarich

Wallin & Klarich three strikes law lawyers
Your future is too important to risk. Call us today.

With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, and Victorville, Wallin & Klarich has over 30 years of experience in successfully representing Southern California residents and defending those who have been prosecuted under California’s Three Strikes Law for Serious Felonies [PC 1192.7(c)].

Drawing from our extensive years of experience, we are available to answer any questions you have and are willing to go the extra mile in your defense.

Call our talented and professional defense attorneys today at (877) 4-NO-JAIL. We will be there when you call.

Was This Article Helpful? Please Share it.

,

Contact Us Now

If you or a loved one have been accused of a crime, now is the time to contact us.

Related Testimonials

    "

    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All
    "

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All
    "

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All
attorneys

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

awards

Get In Touch


Contact Info


wklaw
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300
(877) 466-5245

Counties


Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar

Ventura

Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2016 Wallin & Klarich - All rights reserved
California DUI Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a criminal attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California. * Wallin & Klarich Attorney Joshua Visco