Strike Cases
California criminal defense attorney Thomas Wallin handles California “Three-Strike” cases, so call today at 1-866-857-5900.
When do you know you have a strike case? The answer is when a felony complaint alleges prior acts under California Penal Code sections 667(d) (e)(2) and/or 1170.1-1170.12(b) and (c)(2). Generally any violent or serious crime can be considered a strike.
How will having strikes affect your potential punishment? If someone has a prior strike offense and is convicted of another felony (which does not necessarily have to be a strike offense), the sentence must be, at a minimum, twice the normal punishment for the new felony. If the defendant has two prior strikes and is convicted of another felony (which does not have to be a strike offense), then he or she may be sentenced to 25 years prison to life.
What strategies can an attorney employ in strike cases? Attorney Thomas Wallin will first take the case to trial if the defendant has a good defense for the new felony. If there are no reasonable defenses available to the defendant, the attorney can ask the court or District Attorney to strike the prior strike(s). Case law provides that strikes may be stricken in the "furtherance of justice" and "the interests of society." The Court must look at whether the actions of the defendant come under the "spirit of the three strikes law."
As a criminal defense attorney in California, Mr. Wallin has been successful in having prior strikes stricken from a defendant’s record, thereby significantly reducing the defendant’s time in custody.
|
