Strike Offense Defense Attorney

California’s three-strikes provision provides that a defendant who commits any new “strike” offense with two or more “strike” priors shall be sentenced to at least 25 years to life in state prison. (Penal Code § 667(e)(2)). The two strikes provision provides that a defendant who commits a new felony with one “strike” prior shall be sentenced to twice the base term of the current felony. (Penal Code § 667(e)(1)). There is no time limitation on prior strikes.

The list of strike offenses in California are found in Penal Code § 667.5 for violent felony crimes and in California Penal Code § 1192.7 and 1192.8 for serious felony crimes. As you will see below the list is extensive and covers a variety of criminal conduct that can be charged in criminal court in California.

List of Violent Strikes:

  • Murder and Voluntary Manslaughter
  • Mayhem
  • Rape
  • Forcible Sodomy
  • Forcible Oral Copulation
  • Lewd Acts on a Child Under 14
  • Any Felony Punished by Death or Life Without Parole
  • Any Felony that is also coupled with:
    • Armed Sexual Assault
    • Great Bodily Injury
    • Great Bodily Occurring Injury During a Sex Assault
    • A Criminal Act that Ends a Pregnancy
    • The Personal Use of a Firearm
    • The Discharge of a Firearm From a Vehicle (drive by shooting)
  • Robbery
  • Arson
  • Forced Penetration
  • Attempted Murder
  • Explosives Charges
  • Kidnapping
  • Assault In Order to Commit Mayhem or a Sexual Act
  • Continuous Sexual Abuse
  • Carjacking
  • Extortion with a Gang Allegation
  • Criminal Threats with a Gang Allegation
  • Residential Burglary
  • Discharge of a Firearm during a Felony
  • Possession of Weapon of Mass Destruction

List of Serious Strikes:

  • Murder and Voluntary Manslaughter
  • Mayhem
  • Rape
  • Forcible Sodomy
  • Forcible Oral Copulation
  • Lewd Act on a Child Under 14
  • Any Felony Punished By Death or Life Without Parole
  • Any Felony with Personal Infliction of Great Bodily Injury or Firearm Use
  • Attempted Murder
  • Assault with Intent to Rape or Commit Robbery
  • Assault with a deadly Weapon on a Police Officer
  • Lifer Assault on Non-Inmate
  • Assault with a Deadly Weapon by and Inmate
  • Arson
  • Causing an Explosion with the Intent to Injure Another
  • Causing an Explosion that Results in Great Bodily Injury
  • Causing an Explosion with the intent to Commit Burglary in the 1st Degree
  • Robbery and Bank Robbery
  • Kidnapping
  • Prisoner Hostage
  • Attempt of any Felony Punishable By Death or Life Without Parole
  • Any Felony that Involves the Personal Use Deadly or Dangerous Weapon as Defined by Criminal Statute
  • Providing Drugs to a Minor
  • Forcible Sexual Penetration
  • Grand Theft Using A Firearm
  • Carjacking
  • Felony Gang Allegation
  • Assault In Order to Commit Mayhem or a Sexual Act
  • Throwing Acid at a Person
  • Certain Assaults With a Deadly Weapon
  • Aggravated Assault
  • Discharge of a Firearm into an Inhabited Building
  • Rape in Concert
  • Child Molestation in Most Cases
  • Drive By Shooting
  • Dissuading a Victim
  • Criminal Threats
  • Attempt of All of the Above Listed Crimes
  • Personal Use of a Firearm During the Commission of A Felony
  • Possession of a Weapon of Mass Destruction
  • Conspiracy to Commit and of the Listed Crimes

Award Winning Legal Representation with a Proven Record of Success

Having a knowledgeable defense attorney on your side could make the difference between a strike or non-strike conviction. There are many “non-strike” offenses that can be negotiated in lieu of a strike conviction. Also, just because the prosecution alleges a prior strike against you does not mean the court is bound by it. Attorney Dbouk has had plenty of success filing what is called a Romero motion which in essence asks the court to disregard your prior strike conviction. If granted you will no longer be facing a ”double up” of your base term and would become eligible for probation and alternative sentencing.

Whenever you are arrested or charged with a crime, it is important to have an attorney sit down with you as soon as possible. Contact the Dbouk Law Office today for a free case evaluation!

Attorney-Client Privilege

It is always best to be honest with your attorney from the very beginning. There is a privilege between an attorney and their client which prohibits the attorney from revealing a clients’ communication to anybody else. This privilege is there to encourage trust and openness between the attorney and the client. This will help the attorney better represent the client. It is important that your attorney knows the good, bad and ugly about what happened so they can adequately defend you. Remember, your attorney is there to defend you to the best of their ability regardless of what happened.

What offenses are strikes in California?

A strike in California is a conviction for a violent or serious felony. Some of the common crimes considered “strikes” include rape, murder, mayhem, arson, kidnapping, carjacking, and robbery. There is a long list of violent felonies in Penal Code Section 667.5 and an even longer list of serious felonies in Penal Code Section 1192.7.

What is the 3 strikes law in California?

The purpose of California’s Three Strikes law is to impose a prison sentence of 25 years to life on a defendant who is convicted of a serious or violent felony offense while having at least two prior convictions for serious or violent felony offenses. If you only have one prior serious or violent felony and you are charged with any new felony, your max becomes twice the term otherwise provided for the crime. In simple terms, “your max exposure is doubled.”

What is a Romero motion?

If you are charged with a new felony offense and have a prior strike on your record, you are looking at a mandatory state prison sentence for double the base term for the new underlying felony. A Romero motion is a motion your attorney can file asking the Court to dismiss your prior strike enhancement for the purpose of sentencing in this case only. The Court will consider all facts surrounding your prior strike conviction including how old it is, how much time you served and what the specific facts are. The Court will also consider all the things you have done to “rehabilitate” yourself ever since suffering the prior strike conviction. If granted, the Court will dismiss your prior strike offense for this case only and you will no longer be looking at a mandatory prison sentence.

Does an expungement remove a strike conviction from my record?

Depending on what your strike conviction is for, you may be able to ask the court to expunge the conviction from your record so you do not need to report it on job applications. However, even if the expungement is granted, the strike will still remain on your record and it can be used against you to double your sentence if you pick up another felony in the future.

Can a juvenile strike be used against me later on as an adult?

Yes. A juvenile crime counts as a strike under California’s “Three Strikes” law when it is one of the offenses listed in Welfare & Institutions Code 707(b) and all of the following are met: (1) the minor is age 16 or older at the time the crime was committed, (2) the minor is made a ward of the court, (3) the crime is listed in WIC707(b) and is a serious or violent felony.

For a Free Consultation Call +1 (916) 718-7223

During the free consultation Ibraham Dbouk will review the facts of your case, he’ll discuss strategies,
likely outcomes, and he will answer any questions that you have.

Request a Free Consultation