What is a “Strike” and How Does it Affect Sentencing? California Penal Code Section 667
California is notorious for its three-strikes law. The law has been on the books for some time, but there has been no real proof of its effectiveness in deterring crime.
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 40 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.
When I was in middle school I was a honor student full of potential. Growing up my young perception of what was “cool” was what was around me. I was easily influenced by my surroundings and a single change of address changed my fate. Even though I achieved the highest CAHSEE score in my class. By the time I turned 17, I was charged with a robbery I didn’t commit and given a strike. Despite my set back I was determined to be successful but, my felony washed away my dreams of being a fire fighter, and even though I qualified my probation prevented me from entering the military at age 18. Despite my obstacles I managed to get away from the corrupt by becoming more mature and independent. I flourished in a “young adults at risk” program despite most of their still “young perceptions” and became a roll model and leader. My desire to success overgrew my childish want to fit in. I managed to start a career in a apprenticeship program where I finally got a chance to success. I said to myself “By the time I turned 23 I would be making at least $25 an hour and a lot more later on!” I thought my life was great, I had my future planned out which involved buying a house next year. One day, one thing lead to another and thanks to my past, what seemed like a minuscule shoplift incident ended in a second strike and lead me to prison. Now by the time I’m 23 I’m still going be in prison. I lost everything I worked so hard for, and even though I know I could lecture myself of what I did was stupid and immature, never do it again, continue the great opportunity at life god gave me with the career to support my loved ones financially, physically and emotionally, the court only sees me as what’s on paper. That apparently states that I’m a menace that doesn’t deserve another chance. I’m out on bail, returned to work and I’m contributing to the economy, but deep inside I know that my plans and goals are ruined. I’m not a violent person despite of my record. It’s not that I think I shouldn’t be punished but I do think 3 years is a little harsh and a waste of money when I can advance in life and be a lot more constructive out here, but what do I know I‘m just a convict. A bad choice and a $90 cologne has ruined the plans and dreams I had. As I wait here to start my time on July 1st, I think of some of my real friends, which made the same mistakes I did but managed to stay out (not get caught) and progress in life. They are now in the marines, army, border patrol, and even studying for law enforcement. I see them leave me behind even though they say my drive inspired them. I have the drive and desire but how can I get up and move forward when I’m being kept down in here? The thought of not seeing my 14 yr. old sister until she’s 17 pains me the most. I remember my teachers had told me many times I realistically had the potential to be anything I wanted; a prison inmate was not what I had in mind….
the same thing happened to me in 1998 and served a 17 year sentence for something i did not do but because i had a first degree burglary prior is why i ended up with so much time and not only that i had no money to afford a good lawyer so had to use a public pretender who benifitted by helping the prosecuter and not me so i had no choice but to plead out my case and still ended up with a crap load of time ! i had to leave my beautiful wife and three awesome girls to fend for themselves and am so proud of there mother for doing all she could for them for all those years ! so far i only speak to my youngest but am hopeful that soon one day that my two older girls will forgive me for leaving them ! our judicial system in california is horrible and down right torture to you and your loved ones but they are trying to fix a broken system that most likley will never be fixed ! the system dont care who you are or your family or loved ones as long as they get there conviction by any means nessesary ! thank you for letting me tell my story among hundreds of them !!!!!!!!!!