Three Strikes Cases In California
In California, most crimes that are defined under California law as strikes can be found in California Penal Code Section 667.5(c). The crimes listed in California Penal Code Section 667.5(c) are also defined as “violent” felonies in California and can have serious and immediate consequences on your case. Additional strike offenses are defined in California Penal Code Section 1192.7(c). The crimes listed in California Penal Code Section 1192.7(c) are considered “serious” felonies. These strikes also carry significant consequences.
An example of how strike offenses can be charged: A client was charged with two counts of violating California Penal Code § 273.5(a), commonly referred to as domestic violence. However, the prosecution attached to the domestic violence charges included an allegation that the client inflicted on the alleged victim great bodily injury in violation of California Penal Code § 12022.7(e). The great bodily injury allegation turned a garden variety felony into a violent felony under California Three Strikes Law. The great bodily injury allegation, if found true by the jury, would have had immediate and long-term effects on the client. Specifically, the client was facing up to nine years in state prison. Further, the client’s custody credits would have been limited to fifteen percent. Fortunately for the client, the jury took less than an hour to return a not guilty verdict.
Only an experienced criminal defense attorney can advise you of the nature and possible consequences of the charges filed against you by the state. Grass Valley criminal defense attorney Jacob D. Zamora president and managing attorney with the Sierra Law Center, APC, has handled numerous strike cases, including taking strike cases to trial.
I Was Convicted Of A Felony In Another State – Do I Have A Strike?
Unfortunately, the answer is maybe. Under California law, if the elements of the offense for which you were convicted in another state are the same as a strike conviction, as outlined in the California Penal Code, it is very possible, and quite likely, you will have a strike offense in California. The only way to be certain is to contact a criminal attorney who is versed in strike offenses. Contact Grass Valley criminal defense attorney Jacob D. Zamora for a free consultation and case evaluation.
What Happens If I Am Convicted Of A Strike?
There is no single, easy answer to this question. A strike conviction, depending on whether the conviction is for a “serious felony” or a “violent felony” as defined in the penal code, can have an immediate effect on your case. A “violent” felony will affect the way you earn credits in the case where the conviction occurred. A “serious” felony may not have any immediate affect on your case, but will certainly have additional consequences if you are convicted of a felony in the future.
Grass Valley attorney Jacob D. Zamora, managing attorney with the Sierra Law Center, APC, is glad to answer any questions you may have regarding your criminal case.
I Have A Prior Strike Conviction – What Will Happen In My New Case ?
A prior strike conviction, if pled and proven in the new case, will have serious consequences. If you are sentenced to state prison, and you only have one prior strike conviction, any prison term imposed by the court will be doubled. If you have two or more prior strike convictions, you will be facing a 25 year to life prison sentence. If any prior strike remains, the court will not have any discretion but to impose the penalties provided for in the penal code. A prior strike conviction will also affect the way you earn custody credits, both pre-sentence and post-sentence custody credits.
I Have A Prior Strike From Years Ago – Will It Go Away ?
A prior strike conviction will never truly go away. However, depending on the circumstances of your prior strike conviction, including on how far in the past the conviction occurred, there is away to minimize the impact on your case. If certain conditions are met you may be able to obtain relief from the effects of the prior strike conviction by having your attorney file a Romero motion.
Whether you can obtain relief from your prior strike conviction through the use of a Romero motion is a question that can best be answered by a criminal defense attorney who has successfully argued Romero motions in felony strike cases. If you have been charged with, or have, a prior strike conviction, it is extremely important that you secure the services of a criminal defense attorney immediately.
Grass Valley attorney Jacob D. Zamora, has successfully filed and argued Romero motions. Contact attorney Jacob Zamora to find out if a Romero motion can help you avoid the harsh penalties associated with a prior strike conviction.
Do I Still Have A Strike If I Obtained An Expungement ?
The answer is yes. An expungement will not provide relief from a prior strike conviction. The only way you can get relief from a prior strike conviction is by way of a Romero motion or by obtaining a pardon.