California’s Three Strike Law sets sentencing guidelines for repeat, felony offenders. If someone is convicted of three felony crimes, they will be sentenced to 25 years to life in prison. Let’s discuss some of the offenses that are considered strikes under this law, and what you should do if you are in danger of your third conviction.
Murder and voluntary manslaughter are both considered strikes. To be convicted on either of these charges, prosecutors must prove that you had the intent to take the life of, or seriously harm, the victim.
While murder is considered a strike, it’s also likely that a single murder charge can result in the same 25 years to life sentence, even with no past strikes. This is also called a super strike.
Sex crimes are aggressively punished in every state. If you are convicted of rape, or a sex crime involving a minor, it will be a strike on your record.
3. Theft Crimes
Robbery and residential (or first-degree) burglary are considered strikes. This is true even if no one is injured during the commission of these crimes.
Robbery occurs when someone steals someone else’s property by using force. For example, holding a knife to someone and demanding their purse.
Residential burglary doesn’t require the stealing of property. Instead, this crime occurs when an intruder breaks into a home with the intent to commit a felony. Even if no felony is committed, the suspect can still be charged with burglary.
4. Weapons Offenses
Certain crimes involving firearms or other weapons are considered strikes under the Three Strikes Law.
- Armed sexual assault
- Using a firearm when committing a separate felony offense
- Firing a gun from inside a vehicle
- Possession of weapons of mass destruction
- Possession or use of explosives
Arson is the deliberate act of starting a fire in order to cause harm or destroy property. There are a few different types of arson that are recognized as strikes. These are:
- Arson of property
- Arson of a structure or forest land
- Arson resulting in great bodily injury
The potential penalties for these three arson offenses range from16 months to nine years of incarceration.
If You Are Facing Charges
If you are facing charges for your third strike, it’s crucial that you take immediate action and contact a defense attorney at The Law Offices of Johnson & Johnson.
We can help you fight to have your new charges reduced or dismissed and will do everything in our power to save you from receiving the mandatory sentence set by the Three Strikes Law.
Give our team a call at (925) 900-5330 to get started today.