Three Strikes Crime
If you or your loved one is facing charges for a serious or violent felony under California’s Three Strikes Law, it is imperative that you obtain the best possible criminal defender to advocate for you. The Law Office of William R. Burgener has over thirty-four years of experience defending against serious felony charges. Don’t risk the chance that a less experienced attorney will miss opportunities to successfully defend you. Call William R. Burgener at (619) 291-8565 for a FREE CONSULTATIONtoday.
Introduction to California’s Three Strikes Law
California has special sentencing requirements for repeat offenders. Most notable of these sentencing schemes is the “Three Strikes” law, enacted in 1994. The Three Strikes law is a baseball analogy: if convicted of three serious offenses, the defendant is “out” of the public sphere, sentenced to a tremendously long prison term of 25 years to life. Sentencing also increases dramatically for “Second Strike” convictions. Felonies committed in other states, and felonies commited by juveniles are also considered. Each conviction from the same trial may be considered as an individual strike.
Proposition 36 passed in 2012, a long awaited reform of California’s Three Strikes law, which previously considered ANY felony conviction as a strike, including non-violent theft and drug crimes. Under Proposition 36, the new felony must be a serious or violent felony in order for the mandatory 25 years to life sentence to apply. Additionally, offenders sentenced under the Three Strikes law previous to the passing of Proposition 36 can petition to have their sentences reduced. Whether you or your loved one is seeking to petition to have a reduction of sentence, or are facing new charges that Three Strikes could be applied to, The Law Office of William R. Burgener is ready to immediately bring decades of experience to your aid.
Three Strike Offenses
The following serious or violent felonies listed under Penal Code §§ 667.5 and 1182.7(c) are considered “strikes” under California’s Three Strikes law:
- Voluntary Manslaughter
- 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 inmate (prisoner) on a non-inmate
- Selling certain narcotics to a minor
- Sodomy, oral copulation, or lewd or lascivious act on a child under age of 14
- Sodomy or oral copulation accomplished by force, violence, durress, menace, threat of great bodily injury, fear of immediate and unlawful bodily injury
- Any felony punishable by death or life imprisonment
- Any felony that inflicts great bodily injury on another person other than an accomplice
- Any felony where the defendant personally used a dangerous or deadly weapon
- Burglarly of an inhabited residence
- Grand theft involving a firearm
- Arson of an inhabited structure or causing great bodily injury
- Exploding, igniting, or attempting to ignite any destructive device or explosive with intent to commit murder or bodily injury, or which causes death or mayhem or great bodily injury
- “Hate crime” Assault
- Continuous sexual abuse of a child
- Extortion as part of a criminal street gang
- Threats to victims or witnesses
- Crimes pertaining to weapons of mass destruction
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William R. Burgener, Esq.
San Diego Criminal Defense Attorney