California's habitual offender sentencing law is commonly known as "Three Strikes." Under the Three Strikes law, a person who is convicted of two serious or violent felonies and is then convicted of any third felony receives a mandatory sentence of at least 25 years and as much as life in prison. California Penal Code § 667(e)(2)(A)(ii) & California Penal Code § 1170.12(c)(2)(A). This law has been the source of some controversy; an effort to amend it to require the third strike, or felony conviction, to be for a violent crime failed in 2004. This means that if you have two strikes on your record, you will be sentenced to at least 25 years, and likely more, for any crime punishable by state prison time in California, including theft.

What Counts as a Strike

Serious felonies are set out in California Penal Code § 1192.7(c) and violent felonies are set out in California Penal Code § 667.5(c). The lists include murder or voluntary manslaughter, attempted murder, rape, arson, kidnapping, robbery, carjacking, continuous sexual abuse of a child, selling of narcotics, and any felony executed using a deadly weapon. Some serious or violent felonies count as strikes even if they were juvenile offenses. Welfare & Institutions Code § 707(b); California Penal Code § 667(d)(3). A conviction of a crime in another jurisdiction (outside California) with the same elements as any serious or violent felony also counts as a strike. California Penal Code § 667(d)(2).

Striking Strikes

If you have two strikes already, and are accused of a third, as your attorney I can attempt to convince the judge hearing your case to agree to dismiss or "strike" a prior felony conviction in the furtherance of justice. This is known as "striking the strike." California Penal Code § 1385(a).

Attorney Lavallee has successfully petitioned the court to strike very serious prior offenses, resulting in dramatically reduced sentences. However, all cases are unique and this should not be taken as a guarantee or warranty on results in any future case. Contact our office for advice and opinion on the specific facts of your case.

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