Strike Offense Defense Attorney
California’s Three Strikes law imposes severe penalties for repeat offenders to deter serious crimes. Under this law:
- Three-Strikes Provision: If a defendant commits a new “strike” offense and already has two or more “strike” priors, they face a mandatory minimum sentence of 25 years to life in state prison (Penal Code § 667(e)(2)).
- Two-Strikes Provision: If a defendant commits any new felony and has one “strike” prior, their sentence for the new felony will be doubled (Penal Code § 667(e)(1)).
Notably, there is no expiration for prior strikes; they can impact sentencing regardless of how much time has passed since those convictions.
What qualifies as a ‘strike’ offense?
Strike offenses in California are classified into two categories:
- Violent felonies: These are listed in Penal Code § 667.5 and include crimes like murder, rape, kidnapping, and robbery.
- Serious felonies: These are detailed in Penal Code § 1192.7 and § 1192.8, covering a broad range of crimes such as certain drug offenses, burglary, and assault with intent to commit a felony.
The list of qualifying strike offenses is extensive, reflecting the state’s commitment to reducing repeat offenses and enhancing public safety. If you’re facing charges for a potential strike offense, understanding these classifications and their implications is crucial due to the significant impact they can have on sentencing.
Call our expert Criminal Defense Attorneys at 916-903-3914 to request a free consultation at our Sacramento Law Office and take the first step toward reclaiming control of your future.
Strike Offense FAQ
Strike offenses are complicated. It is important to us that you understand everything about your case and know what to expect. We make it a priority to communicate the case details as they unfold and ensure that your questions are answered. We are here to help.
First Strike: When a defendant is convicted of a serious or violent felony, it counts as a first strike. The sentence for the current felony can be served as prescribed by law without additional enhancements specific to the Three Strikes law.
Second Strike: If the defendant has one prior serious or violent felony conviction (strike), then any new conviction for any felony (not just serious or violent) will result in the sentence being doubled, and the defendant must serve at least 80% of the sentence.
Third Strike: If the defendant has two or more previous strikes, then a new conviction for any felony can result in a sentence of 25 years to life in prison.
The Three Strikes law has evolved since its original enactment in 1994. Initially, any felony could count as a third strike. However, after Proposition 36 was passed in 2012, the requirements for a third strike were tightened so that the third felony must also be a serious or violent felony, unless exceptions apply (such as certain drug crimes, sex crimes, or where the defendant used a firearm).
Courts and prosecutors have some discretion in applying the Three Strikes law. For instance, a prosecutor might choose not to pursue a strike charge based on the circumstances of the case, or a judge might strike a prior strike from the record under certain conditions, thereby reducing the potential sentence.
Attorney Caryn Warren provides her clients with the best possible defense and advocates for their rights throughout the legal process. The specifics of a good defense include:
Investigate the case: A good criminal defense attorney will thoroughly investigate the circumstances of the alleged offense, including collecting evidence, interviewing witnesses, and examining police reports.
Analyze the evidence: The attorney will carefully review all evidence presented by the prosecution to determine its credibility and relevance to the case. They will also consider any potential defenses or mitigating factors.
Develop a defense strategy: Based on their investigation and analysis of the evidence, the attorney will develop a defense strategy tailored to the specific circumstances of the case. This may involve challenging the prosecution’s evidence, negotiating a plea deal, or presenting an alternative explanation for the alleged offense.
Argue in court: The attorney will argue on behalf of their client in court, presenting evidence and witnesses to support their defense. They will also cross-examine the prosecution’s witnesses and challenge any evidence presented against their client.
Negotiate with the prosecution: In some cases, the attorney may negotiate with the prosecution to reach a plea agreement that reduces the charges or penalties for their client. This could involve pleading guilty to a lesser offense or completing a diversion program in exchange for a reduced sentence.
Appeal if necessary: If their client is found guilty, the attorney may appeal the decision to a higher court and argue that errors were made during the trial that affected the outcome.
Attorney Caryn Warren is a dedicated legal professional known for her responsiveness, compassion, and assertive advocacy on behalf of her clients. She has worked both as a Defense Attorney and as a Deputy District Attorney. Her experience working at the DA’s office taught Caryn the perspective of the prosecutor, what drives their decisions, and what it takes to prove a case.