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.
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