Southern California Defense Blog

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" »