Legal Question in Criminal Law in California

Is there a set percentage of your sentence that you serve on your first strike for a violent felony? Are first strikers (violent felony) eligible for half-time?


Asked on 9/03/11, 10:17 pm

2 Answers from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

The law requires that 85% of your sentence be served on offenses that qualify as strikes. Whether it's the first or second doesn't have any bearing on that.

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Answered on 9/05/11, 5:06 am
Kimberly Burke Law Office of Kimberly R. Burke

It depends on the charge. For example, on a PC 422 (Criminal Threats) conviction, you only serve 50% but this is a strike. If you have a strike on your record and you are convicted of another felony and admit the prior strike (or it is found true) your sentence is doubled and you serve either 80% or 85% depending on the charge.

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Answered on 9/05/11, 6:36 pm


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