Legal Question in Criminal Law in California

That you might be an alcoholic who stole a car while in a drunken stupor will impress the judge not at all. Your old felony will count as a Strike if it was "violent."

Attorney Stone's answer is incomplete, at best. After reading his profile, it appears he does not practice criminal defense.

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

Auto theft (Vehicle Code �10851) and receiving a stolen vehicle (Penal Code �496d) are not "strikes" under the Three Strikes law. Penal Code �496, burglary, MIGHT be a strike if you were convicted of RESIDENTIAL burglary.

Voluntary intoxication may negate the specific intent required for some crimes. For instance, burglary is entering a structure with the intent to commit a theft or any felony. If you were too drunk or high to develop the required intent, it might be a defense to that particular offense.

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.

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.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.