Legal Question in Criminal Law in California
how do you know if you have been issued a strike? I was convicted of assault with a deadly weapon, not a fire arm. But was never informed that i was issued a strike. I did not do any state prison time. Only a weekend work release program. Now, recently, i unfortunately was charged with 11377(a). and was told that i had a strike.
3 Answers from Attorneys
ADW can result in a strike felony conviction, or in a misdemeanor conviction. It sounds as if you had the latter situation. If there was no firearm involved and/or no Gross Bodily Injury (GBI), we would expect to see a misdemeanor.
When others look at the record and see the charge section, Penal Code 245(a)(1), they may see "strike" - as in potential strike. I think you're ok. To put your mind at ease, talk to local criminal defense attorney and/or contact the court to get a copy of your record from that case.
The punishment you got doesn't determine whether it was a strike or not. I have seen strike convictions result in almost no jail time and probation A felony conviction for assault with a deadly weapon under Penal Code 245(a)(1) is a strike. Your attorney is going to have to verify the accuracy of the prior to see if it can be attacked.
It's time for a very good attorney.
Certain types of convictions are strikes, whether you are so notified or not. You can find out if you have a strike by learning which convictions qualify and seeing if any of your convictions are on the list. The lack of a formal notice is irrelevant.
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