Legal Question in Criminal Law in California

as of january 2010 is there a new law saying second strikers doing 85% of their time will only do 65%?


Asked on 12/18/09, 10:46 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

No. These "new law" rumors have been floating around the prison system for years. Even with the serious overcrowding in the state prison system, the current political climate is still resulting in new laws that impose more time, not less.

You also appear to have some confusion about the amount of time a state prison inmate must serve.

Most inmates serve half of their sentences before becoming eligible for release on parole. (For time spent in county jail, they get two days of credit for every four days served: this works out to about two-thirds.)

Under California's Three Strikes law, the sentence is increased if you are convicted of ANY new felony and the prosecution proves you have prior "strike" convictions.

Strikes are the serious felonies listed in Penal Code �1192.7(c) and the violent felonies listed in Penal Code �667.5(c).

If you are convicted of ANY new felony and ONE prior "strike" conviction is charged and proven:

1) You are not eligible for probation.

2) Your sentence will be doubled.

3) If your new offense is a non-violent felony, you will have to serve 80% of your sentence, instead of half, before being paroled. (People sent to prison for a violent felony have to serve 85% whether they have a prior "strike" or not.)

If you are convicted of ANY new felony with TWO prior strike convictions, the sentence is 25 years to life.

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Answered on 12/25/09, 3:41 pm


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