October 18, 2012 By Wallin & Klarich

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.

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