California enacted the “three strikes” law in 1994. The goal of this law was to deter people from committing future crimes, and to impose longer prison sentences on repeat offenders. A strike is a conviction for certain crimes, typically serious or violent felonies. The crimes that qualify as a strike are listed in California Penal Code section 667.5 and 1192.7. If you have a prior strike and you are convicted of a second felony, your sentence may be enhanced, meaning that more time will be added to your sentence. If you have two prior strikes and you are convicted of a third violent or serious felony, you may be sentenced to a mandatory minimum of 25 years in prison. (Last night California voters voted to modify the three strikes law to mostly limit a life sentence to those offenders whose current offense qualifies as a violent or serious felony.)
The question that a Court of Appeals recently addressed was whether a conviction from another state qualified as a “strike” in California.
The case before the court involved a man convicted of assault by means of force likely to produce great bodily injury and battery causing great bodily injury. The defendant admitted to having a felony conviction in Illinois in 1998 for aggravated battery. When determining the defendant’s sentence, the trial court found that the Illinois battery counted as a prior strike and sentenced the defendant to 41 years to life.
The defendant argued that the Illinois conviction was not equal to a strike conviction under California law, and therefore should not count as a strike. The Court of Appeals held that to qualify as a prior strike, the elements of the crime that a defendant was convicted of in the other state must involve conduct that would qualify as a strike crime in California. The court researched whether the elements of “great bodily harm” under the Illinois aggravated battery statute were the same as the elements of “great bodily injury” under the California statute.
After reviewing Illinois law, the court concluded that the elements of the crime for each state were the same, and the prior Illinois conviction qualified as a serious felony, a strike, in California.
Being accused of a criminal offense that could qualify as a strike has serious consequences. Strikes can mean a significant increase in prison time. It is important that you have a skilled attorney represent you. This office handles all matters related to defending against strike allegations.
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