Legal Question in Criminal Law in California

Three Strikes Law

Hi I have a friend who was sentenced to 5 years in prison. He just got out and now he found out that that one conviction I think aggravated assault got him two of his three strikes. Is this possible can one offense get two strikes against you? He wants to appeal the ruling but what advice would you give him what questions should he ask his lawyer before the appeal?


Asked on 4/05/09, 11:12 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Re: Three Strikes Law

Each conviction for a serious or violent felony (see Penal Code sections 667.5 - violent felonies and 1192.7 - serious felonies) is a strike. It doesn't matter if they're from the same case or incident - each count is a strike.

For example, let's say somebody goes into a Taco Bell and robs the place at gunpoint. If there are three employees there behind the counter and each is told to empty their register, that's three counts of robbery and three strikes. The person is not under the "three strikes" sentencing law of 25 to life for those three strikes, but if they commit another felony in the future, they would have 3 strikes on their record.

I don't know how your friend was convicted - by plea or after a trial, but if they got 5 years and just got out, they very likely have missed the opportunity to file a notice of appeal. If there was some sort of fraud or misrepresentation and he didn't know the true consequences about pleading guilty, then there may be motions or other attacks on the plea, but this is an uphill battle, given the length of time that's gone by.

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Answered on 4/06/09, 9:50 am


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