Three Strikes Law

Three Strikes Law-

California’s three strikes law is defined in Penal Code section 667 and Penal Code section 1170.12.  A strike can be either a serious felony or a violent felony.  If a person has one strike prior conviction, that strike prior conviction will double his or her sentence for any new felony conviction (unless the strike prior is stricken under what is commonly referred to as a Romero motion).  If a person has two (or more) strike prior convictions, that person is facing a minimum sentence of 25 years to life for a conviction of any new felony (unless one or more of the strike prior is stricken) that is defined as either a serious or violent with certain exceptions.

A serious felony is defined under Penal Code section 1192.7 (c) as (1) murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give a minor any heroin, cocaine, PCP, or any methamphetamine-related drug as described… or any of the precursors of methamphetamines as described… ; (25) sexual penetration where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of participation in criminal street gang; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation; (30) throwing acid or flammable substances upon person with intent to injure the flesh or disfigure the body; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault with a deadly weapon or firearm on a peace officer or firefighter ; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee; (33) discharge of a firearm at an inhabited dwelling, occupied vehicle, or occupied aircraft; (34) commission of rape or sexual penetration in concert with another person; (35) continuous sexual abuse of a child under 14 years old; (36) willfully and maliciously shooting from a vehicle; (37) intimidation of victims or witnesses; (38) criminal threats; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) use of firearm in commission of certain felonies (Penal Code section 12022.53); (41) use of weapon of mass destruction; (42) any conspiracy to commit an offense described in this subdivision; (43) gross vehicular manslaughter while intoxicated, gross vehicular manslaughter, evading a peace officer, or reckless driving with certain prior(s), or driving under the influence causing bodily injury when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice, or the personal use of a dangerous or deadly weapon.

A violent felony is defined in Penal Code section 667.5 (c) as (1) murder or voluntary manslaughter; (2) mayhem; (3) rape or spousal rape where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another or by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat; (4) sodomy of a person under 14 years of age and more than 10 years younger than he/she, against the victim’s will by means of force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, by threatening to retaliate in future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat, acting in concert with another person against the victim’s will by means of force, fear of immediate and unlawful bodily injury on the victim or another person, or by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat; (5) oral copulation of a person under 14 years of age and more than 10 years younger than he/she, against the victim’s will by means of force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, by threatening to retaliate in future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat,  acting in concert with another person against the victim’s will by means of force, fear of immediate and unlawful bodily injury on the victim or another person, by threatening to retaliate in the future against the victim or any other person and there is a  reasonable possibility that the perpetrator will execute the threat, or where the victim is at the time incapable because of a mental disorder or developmental or physical disability of giving legal consent and this is known or reasonably should be known by the perpetrator; (6) lewd or lascivious act on a child who is under the age of 14 years or by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (7) any felony punishable by death or imprisonment in the sate prison for life; (8) any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved or any felony in which the defendant used a firearm which use has been charged and proved; (9) any robbery; (10) arson that caused great bodily injury or caused an inhabited structure or inhabited property to burn; (11) sexual penetration against victim’s will by means of force, violence, duress, menace, fear of immediate and unlawful bodily injury on victim or another person, threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat, or against a person under 14 years of age and who is more than 10 years younger than perpetrator; (12) attempted murder; (13) exploding, igniting, or attempting to explode or ignite any destructive device or any explosive with intent to commit murder, willfully and maliciously exploding or igniting any destructive device or any explosive which causes bodily injury or death to any person; (14) kidnapping; (15) assault with intent to commit mayhem, rape, sodomy, oral copulation, lewd and lascivious act, or sexual penetration or assault with intent to act in concert with another person by force or violence and against the will of the victim in committing rape or spousal rape or sexual penetration or in the commission of a first degree burglary, assaults another with intent to commit the above named offenses listed in 15; (16) continuous sexual abuse of a child under the age of 14 years old; (17) carjacking; (18) rape, spousal rape or sexual penetration, in concert; (19) extortion which would constitute a felony violation of  participation in criminal street gang; (20) threat to victims or witnesses which would constitute a felony violation of participation in criminal street gang; (21) any burglary of the first degree wherein it is charged and proved that another person other than an accomplice was present in the residence during the commission of the burglary; (22) use of firearm in commission of certain felonies (Penal Code section 12022.53); (23) use of weapon of mass destruction.

 

Facing prior strike conviction(s) can have devastating consequences on a person and the person’s family and friends.  The Law Offices of Joseph P. Smith have defended numerous clients facing prior strike conviction(s).  We have been able to achieve favorable results to our clients’ benefits such as dismissal of strike prior(s) or striking strike prior(s).  If you or someone you know is facing a new felony and prior strike conviction(s) is/are alleged, let the experienced Law Offices of Joseph P. Smith defend you against a lengthy prison sentence.