Fresno Criminal Defense: Three Strike Offense
Dec 27, 2018
In the State of California, we have a three strikes law. Every time that you are convicted of a serious or violent felony, it is considered a strike. This includes crimes like burglary, arson, mayhem, murder, and much more. Here are some things that you should know about the three strike law.
Once you have had one strike, if you are convicted of another felony offense, your sentence will be doubled. It doesn't matter if the second felony offense is serious or violent, you are going to be facing a much longer sentence. In addition, time credits are limited to 20% instead of the regular half-time or 50% time credits.
Moreover, if the new offense is a violent strike, then time credits are limited to 15%.
In addition, under Penal Code section 661.61, there is a separate one strike law for certain sex offenses. If the sex offense was conducted under certain circumstances, you may be facing anywhere from 15 to 25 years to life.
If you have two prior strikes, if the third offense is serious or violent, you will be facing a sentence of twenty-five years to life. You may also be facing a 25 to life sentence for certain drug offenses, sexual crimes, or crimes committed while carrying a weapon. If any of your strikes were sexual crimes, homicide, murder, or you committed a crime with a weapon, your third strike may land you in jail for twenty-five years to life. In fact, even if you were convicted of a crime more than ten years ago, it may still count as a strike.
Also, Juvenile adjudications where you were 16 years or older and the offense is a serious or violent felony listed in Welfare and Institutions Code 707(b) or a violent offense listed in Penal Code section 667.5 would qualify as a strike as an adult, even though you did not get the benefit of a jury trial. Even out of state offenses, may qualify as strikes pursuant to the California Strike laws, if the elements of those offenses match up to the elements of the equivalent California strike offense.
Because the Three Strikes Law can make any future crimes even more serious, it is important that you hire an experienced lawyer. He or she will be able to discuss your case and talk to you about your options so that you can choose the best course of action for you.
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Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.