This is a sentencing scheme adding significant penalties to the prison sentences for repeat offenders convicted of felonies. Its purpose is to ensure longer prison sentences and greater punishment for those who commit a felony and were previously convicted of serious and/or violent felony offenses.
Under this law, if a person is convicted of any felony offense and has two or more strike prior convictions, then the imposable penalty would be at least twenty five years to life imprisonment in state penitentiary. For those who have been convicted of any felony and one prior strike registered under the law, the imposable penalty would be sentenced double the prison term of the current conviction.
The following are the previous convictions that count as strikes:
• Serious felonies under Sec 1192.7 (c) of the California Penal Code;
• Violent felonies under Sec 667.5 (c) of the California Penal Code;
• Felonies where the defendant personally inflict great bodily injury upon the victim;
• Felonies where a “California gang enhancement” is sustained;
• Felonies where the accused used a firearm;
• Out of state convictions count as strikes as they have constituted qualifying priors in California;
• Prior felony convictions count even if the were stayed or converted to misdemeanors, unless converted to misdemeanors upon sentencing;
The law also provides the following:
• Mandates that strike sentences for different counts tried in the same proceeding be served consecutively, without aggregate term limits, so long as the counts were not committed on the same occasion or arise from the same set of operative facts;
• Eliminates striker eligibility for probation;
• Requires strikers to serve their time in prison as opposed to a rehabilitation-oriented facility;
Violation of the Three Strikes Law is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
