Legal Question in Criminal Law in California

Three Strike Law

I have two strikes and I was recently told that here in CA after a period of time you can get your strikes struck if you got them for ''potential'' violence and not for actual violence. I was just wondering if this is true.


Asked on 8/19/08, 10:10 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Three Strike Law

No.

If arrested and charged for crimes in future, you can seek relief then from the strikes, as part of a plea bargain. Don't count on it succeeding. If it doesn't, you face mandatory 25 to life on the next crime. I'd suggest you stay a law abiding citizen.

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Answered on 8/22/08, 2:03 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Three Strike Law

You can file a motion to have your strikes struck IF you are in a situation where you are being prosecuted on new charges and the prosecution wants to enhance your sentence because of prior strike convictions. There are many factors which go into supporting such a motion which include, but are not limited to, the severity and violence (or lack thereof) of the prior strikes.

That said, you will of course never get yourself in such a situation because you will never again be prosecuted for anything, correct? Don't go there as the consequences could be most severe, which I am sure you know . . .

Very best and stay the course,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/19/08, 10:21 pm


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