California’s Three-Strikes Law And Crimes That Would Be Considered Strikes For Those With Prior Strikes
California’s three-strikes law can be very confusing and its impact is often misunderstood by those directly affected by it and their loved ones. It is very important for anybody currently being charged with a strike offense or anyone with a prior strike conviction to understand exactly what the impact of that is and how it can affect them moving forward. All too often confusion regarding the three-strikes law leads to defendants making bad decisions in these cases that haunt them for the rest of their lives.
What Is The Impact Of A Strike?
The impact of a new criminal case on those with prior strike convictions depends on how many prior strikes the person has. If the person only has one prior strike, then in order for any new criminal charge to be a strike it would have to be a defined as a “serious” or “violent” felony under the California Penal Code. Not all felonies are considered serious or violent felonies. If the new charge is not serious or violent under the law, then it would not be a potential second strike but it could still double any potential sentence if convicted and could require the person to serve up to 85% of their sentence in prison. If it is considered serious or violent, then it would be a second strike if convicted and would also could double the sentence and require serving up to 85%. Now, if a person has two prior strike convictions and are now facing a new criminal case, a conviction of ANY new felony charge could lead to a 25-life sentence. Unlike a first or second strike which needs to be a “serious” or “violent” felony, ANY felony conviction can act as a third strike. For example, “petty theft with a prior” charged as a felony could be a third strike and somebody facing that situation could go to prison for 25-life for what amounts to a simple shoplifting offense.
Anyone with a prior strike conviction who picks up a new criminal case is facing a complicated legal situation where the stakes are very high. A skilled California three-strikes attorney will know various tactics to defend these cases and can potentially save a defendant from many years in prison, if not their life. With the stakes so high it is extremely important for anyone facing a criminal case involving strikes in California to consult with an experienced and aggressive California three-strikes attorney. The attorneys at Wallin & Klarich have over 40 years experience defending clients facing serious felony cases in Southern California. If you or a loved one is in this situation then call us now, 888-749-0034, for a consultation. We’ll be there when you call.
Email Us