California is known for its three strikes law, which has been around for over two decades. While many people understand the law applies to sentences of repeat felonious offenders, they do not know the many different facets of the law. Under the law, anyone convicted of three felonies can face anywhere between 25 years and life in prison for a third felony conviction.
However, the law holds very serious consequences for those convicted of a second strike charge. Although the legislation is known as the ‘three strikes law,’ it involves harsher penalties for those convicted of another felony that qualifies as a strike. If you are convicted of a second felony and receive a subsequent strike as a result, you will face double the penalties for the crime.
A second strike will have many consequences, including the number of custody credits needed for early release from prison on good behavior. The law on this is as follows:
- As inmates serve their time, they earn custody credits for time served with good behavior.
- Without any previous strikes on their record, inmates must serve 50% of their sentence before being released.
- After a second strike, inmates must serve at least 80% of their sentence before they can be released for good behavior.
- If the defendant was convicted of a violent felony, the mandatory time served increases to 85%.
- Individuals that worry about getting a second strike should always speak to a California criminal defense lawyer.
The three strikes law also dictates that sentences must be served consecutively and not simultaneously. For example, if a defendant is charged with multiple crimes, they will receive a sentence for each crime. These crimes must be served consecutively, or one after the other, and not at the same time. This does not apply if the charges they are facing were committed at the same time and are part of the same set of facts.
There are only certain offenses that qualify for a second strike. Before a person is convicted, they must have been convicted of a serious felony, or a violent felony. A number of offenses can still qualify for a second strike though, and they include:
- First-degree burglary
Any felony where the defendant uses a firearm could result in a second strike. Any felony that results in serious bodily injury can also incur a second strike for those convicted.
If you need to avoid incurring a second strike on your record,
call 805-477-0070 now.
We can provide you with a free case review.
Our Criminal Defense Lawyer in Ventura Can Help You Avoid a Second Strike
If you have been charged with a crime, our Ventura criminal defense lawyer at The Law Offices of David Lehr can help you avoid a second strike. Call us today at 805-477-0070 to schedule a free case review with our skilled attorney.
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