Southern California Defense Blog

If one of your loved ones is serving a “three strikes sentence” and wants to be released or be more favorably re-sentenced under the recently passed “Three Strikes Law,” you are advised to immediately retain an experienced criminal defense attorney.

Under the recently passed “Three Strikes Law,” prisoners currently serving 25 years to life for a non-violent and non-serious third felony conviction may seek court review of their sentences. In certain circumstances, these prisoners may obtain more favorable re-sentencing.

Obtaining a lawyer became much more important when the Court of Appeals decided the case of People vs. Superior Court (Kaulick) (2013) 2013 DJDAR 5571. The Court of Appeals held that a judge was incorrect in agreeing to reduce an inmate’s sentence under the “three strikes law” because the prosecution had not been notified of the facts of the case and no hearing had taken place. The Court of Appeals reversed the trial court’s order and the inmate must remain in custody until there is a full blown hearing.

If you want to be released or more favorably re-sentenced under the new “Three Strikes Law,” the Court of Appeals made four requirements regarding how a sentencing court is to evaluate if you pose a risk of danger to public safety:

1. The prosecution has a right to be notified of the re-sentencing hearing and must have the opportunity to be heard


2. Both you and the alleged victim have the right to be heard at the re-sentencing hearing


3. The re-sentencing should take place before the trial judge who originally sentenced you. You can waive this requirement. And


4. The prosecution has the burden to establish your dangerousness at the re-sentencing hearing.

We all know that in most cases the prosecution will do all they can to oppose any attempt to lower the prison sentence of those doing lengthy sentences. At Wallin & Klarich we do everything in our power to convince the prosecutor that he will not be able to establish that you pose a risk of danger to public safety.

When you are trying to cut years off of your prison sentence you will need a strong criminal defense law firm fighting for your release.

Wallin & Klarich has over 30 years of experience successfully representing criminal defendants. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

Proposition 36 changed the prior Three Strikes Law, which allowed you to be sentenced to 25 years to life in prison if you had two prior “strike convictions” and were subsequently convicted of any other felony. Under the new Three Strikes Law if you have two prior strike convictions, but your current felony is not serious or violent you instead get a second strike sentence, which is double the usual sentence imposed for the current crime.

However, you can still be sentenced to 25 years to life under the old Three Strikes Law if:

- Your current offense involves drugs with an allegation under Health and Safety Code 11370.4 or 11379.8;
- Your current offense is a felony under PC 261.5(d) or PC 262, or any PC 290 sex offense that requires you to register as a sex offender other than PC 266, PC 285, PC 286(b)(1) or (e), PC 288a(b)(1) or (e), PC 311.11 or PC 314;
- You used a firearm, were armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person during your current offense; or
- You have been convicted of a prior serious or violent offense for:
o A sexually violent offense defined under Welfare and Institutions Code 6600(b)
o Oral copulation under PC 288a, sodomy under PC 286, or sexual penetration under PC 289 with a minor under the age of 14 and more than 10 years younger than you
o Lewd or lascivious act involving a child under the age of 14 under PC 288
o Any homicide or attempted homicide under PC 187 to 191.5
o Solicitation to commit murder under PC 653(f)
o Assault with a machine gun on a peace officer or firefighter under PC 245(d)(3)
o Possessing a weapon of mass destruction under PC 11418(a)(1)
o Any other serious or violent felony punishable by life imprisonment or death.

If you or a loved one has committed a third offense and have two prior strikes on record, it is important that you contact an experienced and knowledgeable three strikes defense attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients in three strike cases. We have offices in Los Angeles, San Bernardino, Riverside, San Diego, Ventura and Orange County. Call us today at 1-888-280-6839 or visit us online for more information at www.wklaw.com. We will get through this together.

Earlier this month, the voters of California approved Proposition 36, which modifies the limits of the California’s “three-strike” statute, which will allow a more humane sentencing system in the state.

Under the previous law, people would end up serving life sentences for crimes as minor as shoplifting. Proposition 36 amends the 1994 California three-strike law by eliminating the imposition of a 25 to life sentence for nonviolent crimes. Previously, a defendant with two violent or serious felony convictions would receive a mandatory 25 to life sentence upon a third felony conviction, regardless of the severity of the third crime.

There are approximately 4,000 people serving life sentences under the California three-strike law. A large portion of those people have been incarcerated with their life sentences for a conviction of a nonviolent or non-serious third offense.

The new amendment to the law is retroactive but re-sentencing will be discretionary, which means that people who have been sentenced under the old law, can petition for re-sentencing, however a judge will make the final decision on whether re-sentencing is appropriate in individual cases.

While all the details have not been worked out yet, the voters agree that the punishment should fit the crime and not let a minor mishap result in a life sentence for the people within our state.

If you or a loved one has been accused or charged with a felony and are facing serious time as a cause of three strikes, it is very important that you speak with an experienced criminal defense attorney from Wallin & Klarich. We have over 30 years of experience handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at 888-280-6839 to speak to an experienced criminal defense attorney about your case or visit our website www.wklaw.com. We have offices in San Bernardino, Los Angeles, Riverside, Ventura and Orange Counties. We will be there when you call.

There is an important proposition on the November 2012 ballot in California. Proposition 36 seeks to alter California’s Three Strikes Law. If Prop 36 passes, then it would require that the third strike be a serious or violent felony.

California’s Three Strikes Law, which was passed in 1994, mandates the courts in California to impose 25 years to life sentences to those offenders who have been convicted of three or more serious criminal offenses. Proposition 36 requires that in order for a judge to impose a punishment of 25 years to life, the third and final conviction must be a serious or violent crime. If Prop 36 passes, many convicted offenders whose third offense was not a serious or violent crime may seek to reduce their sentence or even seek their freedom.

Supporters of Prop 36, which include Los Angeles District Attorney Steve Cooley and Stanford law professor Michael Romano, argue that those who have been convicted of shoplifting and other lesser offenses should not be in prison for life. According to Romano, “life sentences for these crimes are a waste of money. It’s not what the people wanted and not good law enforcement.”

Opponents of Prop 36, which include victims’ rights groups and various law enforcement associations, argue that judges and district attorneys do not have to impose a life sentence if the judge or district attorney believes the third offense is not a serious or violent crime. Opponents of Prop 36 argue that the Three Strikes Law is in place to put career criminals in prison. They believe that Prop 36 is dangerous and could put career criminals back on the streets.

At Wallin and Klarich we have been handling three strikes cases for over 30 years. The current law results in extremely unfair results. Very good people are serving 25 years to life, because when they were very young they committed a serious crime and were convinced to plead guilty to “2 strike offenses”. They live crime free for 20 years or more and then are arrested for a very low level felony offense, such as 2nd degree burglary. They are then facing 25 years to life. The current law costs taxpayers millions of dollars a year to pay for the incarceration of these type of offenders. We urge everyone to support and vote YES on Proposition 36 because it is fair and because it is a fiscally sound decision

The experienced criminal defense attorneys at Wallin & Klarich have the experience and determination to get the best possible result for your case. With offices located throughout Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties, a Wallin & Klarich attorney is always available to assist you in your case. Please call 888-280-6839 or visit wklaw.com for more information. We will be there when you call.

The three-strikes law in California applies to many juvenile offenses listed under California Welfare & Institutions Code 707(b) and a juvenile who has a strike on their record as a result of a juvenile adjudication can be in serious trouble later in life if they are charged with any felony offense in the future. If admitted or found true, a strike can double any potential sentence and can lead to the person having to serve up to 85% of their time in prison as opposed to 50%. Juvenile adjudications under WI 707(b) must be “serious” or “violent” felonies to be considered strikes and these offenses include, but are not limited to;

Murder, Arson, Robbery, Rape, Sodomy, or Oral Copulation by Force, Lewd Act on a Child, Kidnapping, Assault with a Firearm, Assault with Force Likely to Cause Great Bodily Injury, Manufacturing a Controlled Substance, Carjacking, Mayhem, Torture, and Voluntary Manslaughter. This list is just a sample of the many felonies that if found true or admitted in juvenile court are considered strikes for the purposes of California’s three-strikes law.

As stated, having any prior strike can have a devastating impact on somebody who is being charged with a new felony. Although that person would be facing a doubled sentence and having to serve a larger percentage of their sentence, there are ways to potentially avoid these consequences. A skilled California three-strikes attorney would pull the juvenile case file of their client to test whether the prosecution can prove that their prior was in fact a strike. If the prosecutor cannot, then they would not be facing the enhanced punishments for that prior adjudication. An experienced attorney would also try to convince the prosecutor or the judge to “strike” the prior strike for sentencing on the new case which would also avoid the severe punishment that the prior strike could cause.

If you or a loved one has a prior strike and is facing a new felony in California, then you should immediately contact the experienced and aggressive attorneys at Wallin & Klarich. Call us now at 888-280-6839. We will be there when you call.

The Three Strikes Law, which was enacted when California voters approved Proposition 115 in 1994, is meant to impose severe punishment to those offenders who the courts consider to be “career criminals”—people who have committed and been convicted of 2 or more serious or violent felonies, and then go on to commit a third felony. That last felony does not need to be a serious or violent crime to constitute a third strike—it can be as minor as a petty theft charge with several prior theft convictions!

As a result of the three strikes law in California, some defendants have been given sentences of 25 years to life in prison for such crimes as shoplifting golf clubs (Gary Ewing, previous strikes for burglary and robbery with a knife), or, along with a violent assault, a slice of pepperoni pizza from a group of children (Jerry Dewayne Williams, previous convictions for robbery and attempted robbery, sentence later reduced to six years).

In California, first and second strikes are counted by individual charges rather than individual cases, so you can be charged and convicted of "first and second strikes." Convictions from all 50 states and the federal courts at any point in the defendant's past, as well as juvenile offenses if the defendant was age 16 or older that would otherwise be sealed, can be counted

In a 2011 Riverside Case, People V. Carl Franklin Ellison, Wallin & Klarich attorney David E. Wohl, after the jury trial, persuaded the judge to strike 3 prior strikes—for murder, kidnapping and robbery that Ellison had been convicted of 30 years earlier. Because of Wohl’s action, Ellison received 10 years in prison, instead of what the prosecutor demanded—77 years to life!

If you or your loved one has been accused of serious or violent felony charges that can be considered felony strike offenses in California, please contact your team of criminal defense attorneys at Wallin & Klarich today. We have over 30 years of experience representing clients facing all types of felony charges in Southern California. Please call us toll-free at 1-888-280-6839. We have offices in Orange County, Riverside, Los Angeles, San Bernardino, San Diego, Victorville, and Ventura. We will be there when you call.

With California facing a budget crisis and our jails so horribly overcrowded that judges openly mock the “power” of sentencing people to jail time, there are currently people sitting in California jails serving 50 year sentences for shoplifting. While that may seem like some extreme propaganda used by criminal defense attorneys or the far left, the simple fact is, California’s “three strikes” law is horribly flawed.

It is so flawed, that Californians have collected enough signatures to add a ballot measure to the November elections that would seriously reform the three strikes law and in turn, save hundreds of millions of dollars in the long term.

If approved, the reforms would do two things.

1) There is a list of felonies that count as a strike under California’s Three Strike law. Commit one of these crimes, and a strike goes on your record for life. Any crime you commit thereafter, your sentence can be doubled. Commit a second felony that counts as a strike and the sentence enhancements increase even more. There are more than two dozen US states with similar laws. But here is where California law differs from every other similar law in the country.

Once a person has two strikes, any felony conviction will result in a mandatory sentence of 25 years to life in prison. That includes shoplifting, felony possession of marijuana, or even a DUI. What the ballot measure is hoping to accomplish is to require that the 3rd strike be a violent felony in order to trigger the 25 years to life sentence.

2) If it passes, the ballot measure would also retroactively re-sentence 3rd strike offenders jailed for non-violent crimes, easing the strain on our already overtaxed prisons.

The immediate financial impact would be monumental, as these non-violent offenders would be released, freeing tens of millions of dollars in taxpayer money that goes towards housing these inmates. Long term, the impact is even greater as non-violent offenders would be sentenced to far shorter prison terms, preemptively easing the taxpayer burden.

The ballot measure easily passed the petition phase, collecting more than 800,000 signatures. It only needed just over 500,000 to make the November ballot. Whether it passes or not remains to be seen. But for the sake of California taxpayers and the integrity of the criminal justice system, we certainly hope that it does.

f you have been accused of committing a crime that is considered a "strike crime," you are facing very serious charges, especially if you already have one or more strikes on your criminal record.

The three strikes law is a controversial law that has been in effect in California for over a decade. The law was passed in an effort to reduce crime throughout the state, by severely punishing repeat offenders who are convicted of serious crimes. When a person is convicted of a criminal felony in California, and it is a felony that is considered “serious” or “violent” he or she will receive a strike on their criminal record, and each strike will result in an additional legal consequences. A person convicted of a crime resulting in a second strike will have a lengthier prison term possibly twice the amount of time, than a person without a previous strike conviction. The outcome of a conviction that results in a third strike will typically be a prison term of twenty-five years to life. Listed below are the two categories of strike offenses in CA:
Violent felonies
• Murder or manslaughter.
• Mayhem.
• Rape by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Lewd act on a child.
• Any felony punishable by death or life sentence.
• Any felony resulting in great bodily injury or in which a firearm was used.
• Robbery of an inhabited dwelling, vessel or trailer coach in which a deadly or dangerous weapon was used.
• Arson that causes great bodily injury.
• Penetration by a foreign object.
• Attempted murder.
• Explosion with intent to commit murder.
• Out-of-state kidnapping transported to California.
• Continuous sexual abuse of a child.
Serious felonies
• Murder or involuntary manslaughter.
• Mayhem.
• Sodomy by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Lewd or lascivious act on a child under the age of 14 years.
• Any felony publishable by death or imprisonment for life.
• Any other felony in which the defendant personally inflicts great bodily injury on any person or personally uses a firearm.
• Attempted murder.
• Assault with intent to commit rape or robbery.
• Assault with a deadly weapon or instrument on a peace officer.
• Assault by a life prisoner on a non-inmate.
• Assault with a deadly weapon by an inmate.
• Arson.
• Exploding a destructive device or any explosive with intent to injure.
• Exploding a destructive device or any explosive causing great bodily injury or mayhem.
• Exploding a destructive device or any explosive with intent to murder.
• Burglary of an inhabited dwelling, house or trailer coach as defined by the Vehicle Code or inhabited portion of any other building.
• Robbery or bank robbery.
• Kidnapping.
• Holding of a hostage by a person confined in a state prison.
• Attempt to commit a felony punishable by death or life imprisonment.
• Any felony in which the defendant personally used a dangerous or deadly weapon selling, furnishing, administering, giving or offering to sell, furnish administer or give to a minor, heroin, cocaine, phencyclidine (PCP), a methamphetamine-related drug, or a precursor of methamphetamine.
• Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
• Grand theft involving a firearm.
• Any attempt to commit a crime listed in this subdivision other than an assault.
• Continuous sexual abuse of a child.

If you or a loved one is facing a felony case that includes a “Strike Offense”, call Wallin & Klarich today 888-749-0034

If you have been accused of committing a crime that is considered a "strike crime," you are facing very serious charges, especially if you already have one or more strikes on your criminal record.

The three strikes law is a controversial law that has been in effect in California for over a decade. The law was passed in an effort to reduce crime throughout the state, by severely punishing repeat offenders who are convicted of serious crimes. When a person is convicted of a criminal felony in California, and it is a felony that is considered “serious” or “violent” he or she will receive a strike on their criminal record, and each strike will result in an additional legal consequences. A person convicted of a crime resulting in a second strike will have a lengthier prison term possibly twice the amount of time, than a person without a previous strike conviction. The outcome of a conviction that results in a third strike will typically be a prison term of twenty-five years to life. Listed below are the two categories of strike offenses in CA:
Violent felonies
• Murder or manslaughter.
• Mayhem.
• Rape by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Lewd act on a child.
• Any felony punishable by death or life sentence.
• Any felony resulting in great bodily injury or in which a firearm was used.
• Robbery of an inhabited dwelling, vessel or trailer coach in which a deadly or dangerous weapon was used.
• Arson that causes great bodily injury.
• Penetration by a foreign object.
• Attempted murder.
• Explosion with intent to commit murder.
• Out-of-state kidnapping transported to California.
• Continuous sexual abuse of a child.
Serious felonies
• Murder or involuntary manslaughter.
• Mayhem.
• Sodomy by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Lewd or lascivious act on a child under the age of 14 years.
• Any felony publishable by death or imprisonment for life.
• Any other felony in which the defendant personally inflicts great bodily injury on any person or personally uses a firearm.
• Attempted murder.
• Assault with intent to commit rape or robbery.
• Assault with a deadly weapon or instrument on a peace officer.
• Assault by a life prisoner on a non-inmate.
• Assault with a deadly weapon by an inmate.
• Arson.
• Exploding a destructive device or any explosive with intent to injure.
• Exploding a destructive device or any explosive causing great bodily injury or mayhem.
• Exploding a destructive device or any explosive with intent to murder.
• Burglary of an inhabited dwelling, house or trailer coach as defined by the Vehicle Code or inhabited portion of any other building.
• Robbery or bank robbery.
• Kidnapping.
• Holding of a hostage by a person confined in a state prison.
• Attempt to commit a felony punishable by death or life imprisonment.
• Any felony in which the defendant personally used a dangerous or deadly weapon selling, furnishing, administering, giving or offering to sell, furnish administer or give to a minor, heroin, cocaine, phencyclidine (PCP), a methamphetamine-related drug, or a precursor of methamphetamine.
• Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
• Grand theft involving a firearm.
• Any attempt to commit a crime listed in this subdivision other than an assault.
• Continuous sexual abuse of a child.

If you or a loved one is facing a felony case that includes a “Strike Offense”, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich; we have been helping client for over 30 years, visit us at www.wklaw.com, or at call us at (888) 280-6839.

California Penal Code 211 states the following: “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”

The Code continues to define the two types of robbery crimes in California – first and second degree. The difference is covered in Penal Code 212.5. Essentially, first degree robbery covers robbery of a person driving a vehicle, robbery of a person using an ATM, and robbery of a person at their home. Second degree robbery covers all other forms of robbery.

Both first and second degree robbery count as strikes. A strike is a crime that is most likely to be punished by significant time in prison. Also, if you have a strike conviction on your criminal record, any future crime you might commit will be punishable for double the normal amount of time in prison.

Continue reading "What is the Difference between First and Second Degree Robbery?" »

Why You Need an Experienced Three Strikes Criminal Defense Law Firm

In the recent case of Superior Court v. Nguyen held that a juvenile who was adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, the Nguyen case allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult. It is crucial that your criminal defense attorney know and understand this important case.

If you or a loved one is charged with a serious crime in juvenile court it is more important then ever to seek competent legal counsel that understands the implications of a juvenile being charged with a serious felony. Unlike other juvenile cases, this new law allows a juvenile adjudication (conviction) to follow that juvenile through his/her adult life. The stakes are too high not to seek the best attorney you can find.

Continue reading "Supreme Court Rules that Juvenile "Strikes" Can be Used Under Three Strikes Law" »

Why You Should Call a Juvenile Defense Attorney

The recent case of Superior Court v. Nguyen held that a juvenile adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California’s Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, Nguyen allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult. It is crucial that your criminal defense attorney know and understand this important case.

Wallin & Klarich have been representing juvenile offenders for over 28 years. If you or a loved one is charged with a serious crime in juvenile court it is more important then ever to seek competent legal counsel that understands the implications of a juvenile being charged with a serious felony.

Call the experienced California juvenile criminal defense lawyers at Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about what can be done.

A recent article in the Los Angeles Times discusses a clinic at Stanford Law School that focuses entirely on convicts who are serving extended sentences because of California’s Three Strikes Law. The students at this law clinic are devoting their time and effort to reversing what they view as miscarriages of justice under the California Law.

Since September, the Stanford Criminal Defense Clinic, has persuaded judges to lessen the sentences of four prisoners, three of which have been released so far, having already served their reduced prison terms, which ranged from six to 10 years.

Other innocence projects have existed in the past. They offer opportunities for those individuals who claim to be innocent of the crimes they are convicted of an opportunity to have an appeal heard in court. Rather than defending those who claim to be innocent, the Stanford students are advocating for prisoners guilty of what they view as relatively minor offenses and raising the question of how much prison time is too much.

While the work that organizations like the Stanford Criminal Defense Clinic offers three-strike offenders an opportunity to get out of jail, it certainly is the hard way to go about getting a court of law to lessen your sentence.

Continue reading "Law Students Help Free Three-Strike Offenders" »