View Full Version : Is a Strike a felony?


Sleepy&Happy
12-22-2005, 09:06 AM
Helllo everyone :)I was just curious my husband got sentences to 4 years with 80% and he was sentences for a felony DUI and child endangerment does this mean he has a felony or a strike?> this Part is really confusing for me any information that any ones has please share with me. He tells me that this is second strike but is a strike. murder, rape, arson, burglary, home invasion, child molestation, kidnapping. I'm just really confuse. Also is there a way that we can do something to his record so that they cant use it against him. Thanks V....

NIKKIWHIT70
12-22-2005, 09:19 AM
From what I understand a felony is a strike. So, a felony DUI would count as a strike. Hope this helps a little.
Nikki

Gryphon
12-22-2005, 08:47 PM
No, that's wrong. A felony is not a strike. Only certain kinds of felonies are strikes. Those felonies have to be violent (including things like DUI with injury, or "serious". Thee's a long list of crimes that are strikes; but strikes can be something not on the list if it's violent. They include Grand Theft Firearm, Residential Burg, Assault with a Deadly Weapon involving personal use of the weapon, robbery, rape (but not "statutory rape"), child molestation, mayhem, manslaughter, various kinds of assault with injury, and pretty much anything that splashes blood on the walls. It could include things like spousal battery if teh injuries are significant.
If you have one strike on your record, and you get any felony at all (even if it's a non-violent no-biggie) then it's mandatory state prison at double the selected sentence, and then serve 80%. The only way to get limited to 20% conduct/work time credits is to have a strike on your record; and to admit that strike at sentencing. (Therefore I'd say that , yes, your man has at least one strike on his record.) This is often called being a "second striker", although the defendant really only has 1 strike on his record.
If there are 2 or more strikes, the sentence for any new felony conviction is 25-life. That's served at 80% until 1st parole eligible at 25 years. This is called being a "3rd striker".
The only way for a defendant to avoid these often draconian sentences is for a Judge or DA to go on teh record and say why teh defendant falls outside teh spirit of the law. DAs and Judges are pretty slow to stick their necks out like that, so it generally only happens in obvious cases. Also, in urban areas defendants have a better chance at not having a strike imposed. (It has to do with having to move cases along and not having enough trial courts in big cities.)
When a defense attorney brings a formal motion to ask a judge to not impose a strike, this is called a "Romero Motion". These motions are usually brought at sentencing, when the DA won't dump a strike and the case hasn't negotiated for a known sentence.

Sanchez06
01-24-2006, 02:46 PM
So as long as the "2nd" doesnt go on your record if you get in trouble a third time it wouldnt be counted as a third strike? With my husband he has a prior strike and they imposed the double sentencing with 80% time. But he says that he didn't catch a second strike on his record. His charge was burglary but it was unarmed and non residential.

Gryphon
01-26-2006, 05:51 PM
So as long as the "2nd" doesnt go on your record if you get in trouble a third time it wouldnt be counted as a third strike? With my husband he has a prior strike and they imposed the double sentencing with 80% time. But he says that he didn't catch a second strike on his record. His charge was burglary but it was unarmed and non residential.
Right. You can't be treated as a "third striker" (25-life prison sentence) unless you are convicted of a 3rd felony (and it can be any garden variety felony) and you have 2 serious or violent felony convictions already on your record. Being charged with, but not convicted of, a serious or violent felony doesn't add a strike to your record. However, sometimes crimes can be strikes and it comes as a surprise to teh Defendant. Felony DUI is one of those crimes, because there are some times when it can be a strike.
Your husband had one strike on his record at the time of his most recent sentence; and that's what caused his sentence to double, and also caused him having to serve 80% of that number.
If his new felony DUI involved sufficiently hurt people (23153 V.C. with Great Bodily Injury ), then he may have a new additional strike. (This could be true even where he didn't admit a Great Bodily Injury allegation, because a future D.A. could prove the violence by using various forms of admissable evidence.) If it was a violent crime, then in the future he'd be looking at a possible 25-life if convicted of any felony.
If the felony DUI he was convicted of was a result of having at least 3 prior misdemeanorDUI convictions, or if the injuries were minor (no sutures, loss of conciousness, or broken bones), then the new felony DUI is not a strike. That menas that in the future, if convicted of any felony he gets double time at 80% (just like the sentence he is presently serving.)

denverswife
01-29-2006, 11:40 AM
Something else, for reference. Not all "strikeable" felonies get you a strike. I saw a file where there were, well, let's say numerous, places that noted "possible strike" and this person had NO strikes. Apparently when they cut their deals they bargained them away. So it CAN be done, the DA doesn't HAVE to ask for, or automatically receive a strike on any particular case.

Sanchez06
01-31-2006, 09:51 AM
My husband doesn't have any DUI's! So when they are imposed the 80% can that be reduced with working programs or firecamp? What is the differnce between the 80% and the 85% times, what I mean is who gets them?

Gryphon
01-31-2006, 07:03 PM
Something else, for reference. Not all "strikeable" felonies get you a strike. I saw a file where there were, well, let's say numerous, places that noted "possible strike" and this person had NO strikes. Apparently when they cut their deals they bargained them away. So it CAN be done, the DA doesn't HAVE to ask for, or automatically receive a strike on any particular case.
You correctly read that rap sheet, but you are incorrecly interpreting what "possible strike" means.
When 3 strikes passed, the CA Dept. of Justice, who keeps rap sheet records, decided DAs, Judges, and Prosecutors would benifit by having DOJ highlight what might be strikes. They assigned someone the task of figuring out when the computer would add "possible strike". Some cases came down from teh appelate court saying crimes that aren't on the strikes list can sometimes be strikes if teh facts are right. This blew the computer guy's fuses, because there's no way to write a program that takes all these variables into account, especially since the case facts (which need to be known to determine whether it's a strike that isn't on the list) aren't part of the rap sheet. Therefore, the darnedest crimes show up on rap sheets as possible strikes, including auto theft and recieving stolen property. As a result, Everyone in teh criminal justice system has learned to ignore this useless bit of information. "Possible strike" has nothing to do with whether it's a strike. Nice try, DOJ.
Your tax dollars at work, I'm afraid.

Gryphon
01-31-2006, 07:09 PM
My husband doesn't have any DUI's! So when they are imposed the 80% can that be reduced with working programs or firecamp? What is the differnce between the 80% and the 85% times, what I mean is who gets them?
85% is for violent felonies.
80% is for non-violent convictions with 1 or 2 strike enhancements (aka 2nd or 3rd strikers).
I have yet to see confirmation that doing time in firecamp gets a violent felon or a strike sentenced felon any better credits. Also, I've been advised that a strike or a violent felony knocks an inmate out of firecamp (and I've heard rumour of some exceptions being made.)

hesavedme
03-01-2006, 12:06 AM
Hey, i was told that my possesion for sales charge was considered strikeable by both my attorney and the probation office that took the probation report.When I was a minor I had a assalt chrage which should have been sealed off my record.?????Was that correct??My charge is strikeable?

Gryphon
03-03-2006, 11:42 AM
Hey, i was told that my possesion for sales charge was considered strikeable by both my attorney and the probation office that took the probation report.When I was a minor I had a assalt chrage which should have been sealed off my record.?????Was that correct??My charge is strikeable?
It dendends on what you mean by "strikable". Poss. for sale is not a strike, but a strike can attach to any felony. Some convictions you can get prior to age 18 are strikes. If indeed your juvenile conviction is a strike; then it will haunt you and attach to any new felony convictions.The law regarding what is and isn't a strike as applied to juvenile adjudications and convictions is too complicated to summarize briefly.

CRHord
07-06-2006, 07:50 AM
on my last term i was sent to firecamp training and would have eventually went to camp but i wanted to stay in CCC and work at the horse ranch so i gave them a line that i was allergic to bee stings. but my point is that i have a prior stike for 1st degree burglary and was obviously eligible for camp. im sure tho, that they determine what strikers can go to camp and not.

tee2008
07-06-2006, 10:52 AM
You can do an internet search and find a list of all felonies that are strike felonies, including criminal threats which is a wobbler. How can a charge that can be prosecuted as either a misdemeanor or felony be considered a strike is beyond me, but that's our justice system here in CA.

You can get multiple strikes from the same crime as well if they were convicted of multiple felonies during the same crime. Also, for anyone out there fighting a 3-strikes case, they can be defended if you have a good attorney with experience handling 3-strikes cases.

Gryphon
07-12-2006, 12:36 AM
A number of wobblers can be strikes. (PC 245, PC 422, V.C. 23153. ) That mere words (criminal threats) got on the list troubles me the most.
Sure, you can get strikes coming out of a single course of conduct. If you were to assault someone using a gun and then threaten to hurt them, that'd be a 2-fer-1. Do that after entering their residence, and you have a 3-fer-1. Do that to 2 victims at the same time, and it's a 5-fer-1.

Strikes cases defend just like any other case if there's a factula defense. How to do a strikes sentencing is a bit of an art form and requires an experienced felony attorney to be done correctly.

You can do an internet search and find a list of all felonies that are strike felonies, including criminal threats which is a wobbler. How can a charge that can be prosecuted as either a misdemeanor or felony be considered a strike is beyond me, but that's our justice system here in CA.

You can get multiple strikes from the same crime as well if they were convicted of multiple felonies during the same crime. Also, for anyone out there fighting a 3-strikes case, they can be defended if you have a good attorney with experience handling 3-strikes cases.

Maggie12
07-12-2006, 06:46 PM
My fiance was sentenced to 85%, does that mean he cannot get out any sooner than 85% of his 3 year sentence? is he eligible for parole before that? I know he was given a strike and his crime was considered a violent felony. It was a wobbler too, and the DA wanted to prosecute it as 2 misdemeanors, but the judge wanted to give him a strike and a felony. He is trying for firecamp, but from what i understand he doesnt get a sentence reduction. he would rather be there though, than locked up all the time.

85% is for violent felonies.
80% is for non-violent convictions with 1 or 2 strike enhancements (aka 2nd or 3rd strikers).
I have yet to see confirmation that doing time in firecamp gets a violent felon or a strike sentenced felon any better credits. Also, I've been advised that a strike or a violent felony knocks an inmate out of firecamp (and I've heard rumour of some exceptions being made.)