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If you have been arrested for a strike offense it is a very serious matter that may have consequences for your entire life.  You need an Attorney that is both an experienced trial attorney and experienced in handling strike offenses.

A strike offense is an offense listed as either a serious or violent Felony under 667.5 C or 1192. of the California Penal Code.   

 

I have experience in both.  In  trials I have personally tried more than 25 serious violent felony strike cases.  And in settling cases when serious strikes are alleged.

 

1.  If you are convicted of a strike offense for example Battery with Great Bodily Injury. 

 

Battery with Great Bodily Injury Means not only did you commit a Battery  on the person of another, and that Battery Caused Great Bodily Injury.  Believe it or not there is not a lot of Case law on Great Bodily Injury, However it is something serious and not just inconsequential injury. 

 

2.  If you are convicted of this crime any other Felony conviction will result in double the sentence, and inelegibility for probation, and you will have to serve %80 of your sentence before you are eligible for release of Parole.

 

Obviously, these are serious consequences but it could get worse.  If you are convicted of a Violent Felony rather than a Serious Felony, you will have to complete %85 percent of your sentence before you are eligible for release or Parole.  This in addition to your strike consequences.  

3.  3rd Strike consequences.  To do a so called "strike out" you must have two prior qualifying priors and have a current serious or violent 3rd strked qualifying Felony. 

Many people falsely believe that this somehow makes it very much more difficult to recieve a sentence of 25-to life.  This is not correct.

For example if you were convicted of two prior residential burglaries, a third residential burglary could result in a sentence of 25-to Life. 

There are exceptions that I will address in another blog.  The court could Strike the prior strikes at any time up to and including sentencing.  Sometimes the court will do this even over the objection of the prosecutor depending on the seriousness of the offense and many other factors. 

If you have been accused of  strike crime call us and we we help you get through this.

 

 

 

If you are convicted of a Violent

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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