Penal Code Sections 667 and 1192.7
A strike case is any serious or violent felony as defined or enumerated in the California Penal Code. Strike cases are most significant when it comes to sentencing: if you are convicted of any felony and you have a prior strike offense it can double your potential sentence. In addition you can end up serving up to 85% of your time in prison if convicted of a strike offense as opposed to the usual 50%. Most importantly, if you are charged with two or more strike offenses OR you have two prior strike offenses and you get a third conviction (the third case does not have to be a serious or violent felony) then you can serve 25 years to life in prison.
Fortunately, a skillful attorney can persuade the Judge and/or the District Attorney to dismiss a prior strike offense in the interests of justice. In addition a motion can be filed to request the same thing formally of the Judge or the District Attorney.
Contact Orange County defense attorney Katie Walsh if you need help with “Strike” Cases or any other criminal matter.