Legal Question in Criminal Law in California

What is the punishment for second strike. And if there has been a past felony. And what is revoked probation?


Asked on 12/13/09, 3:06 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

One prior 'strike' typically doubles the penalties for whatever the new crime carries. Probation revocation means you go back to jail to serve out the full sentence of the prior conviction. If you're facing these things, you'd better hire an attorney immediately, and in the mean time follow the normal advice to SHUT UP and say noting to authorities. If serious about hiring counsel, feel free to contact me. If you can't afford counsel, apply to the Public Defender.

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Answered on 12/18/09, 4:34 pm
Joe Dane Law Office of Joe Dane

Not every felony is a strike. Only those listed as "serious" or "violent" felonies are strikes.

If a person has one prior "strike" on their record, the sentence is doubled for any future felony conviction, even if the new case is not a "strike" itself.

For example, if you had a prior for robbery (which is a strike) and got a new auto theft felony, the minimum sentence of 16 months would be doubled to 32 months. You would serve 80% of the time instead of getting "half time" credits.

If the new case is also a strike, in addition to the sentence being doubled, there may be a 5 year sentence enhancement under 667(a). Of that sentence, you'd do 85% of the time.

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Answered on 12/18/09, 5:12 pm


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