Legal Question in Criminal Law in California
my girlfriend was arrested for petty theft w/a prior. she is a second striker. what i want to know is, can she be given a third strike for this and is there any way out of it?
2 Answers from Attorneys
Strikes are the serious felonies listed in Penal Code �1192.7(c) and the violent felonies listed in Penal Code �667.5(c).
If your girlfriend has two prior strike convictions and is convicted of ANY new felony, she could be sentenced to 25-life. Sometimes the DA will agree to dismiss a strike, or the judge can disregard a strike for sentencing purposes if there's a good reason.
Beyond that, your question is kind of like telling a mechanic that your car won't start and asking if it can be repaired. In order to give a meaningful answer, an attorney would have to examine all of the police reports and other evidence, and see if the DA is willing to negotiate.
If your girlfriend can't afford to hire her own attorney, she is entitled to an attorney at government expense and the judge will appoint the public defender.
"Any way out of it"? Her attorney can use whatever facts, evidence, arguments, etc., may apply to defend her against whatever charges are brought, and fight the imposition of priors and penalties. Third Strike conviction results in 25-Life. If she is serious about hiring counsel for this, feel free to contact me. If she can't afford private counsel, apply to the Public Defender.
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