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California Three Strikes Law – California Penal Code PC 667

Posted by Raoul Severo | Nov 28, 2020 | 0 Comments

Three Strikes Law

Habitual offender laws, more commonly known as the three-strikes law, is a part of the United States Department of Justice's (DOJ) Anti-Violence strategy aimed to mitigate criminal violations in the country by discouraging people from committing multiple criminal convictions. The law's application varies from state to state, but the general premise stays the same. It calls for at least 25 years of a life sentence on an offender's third strike in almost all of these states.

PC 667

In the states of California, the conditions and scopes of the three-strike law are under California Penal Code PC 667. It states that any person convicted of a serious felony who previously has been convicted of a serious felony in this state or of any offense committed in another jurisdiction which includes all of the elements of any serious felony, shall receive, in addition to the sentence imposed by the court for the present offense, a five-year enhancement for each such prior conviction on charges brought and tried separately. The terms of the current crime and each enhancement shall run consecutively. However, this statute shall not be applied when the punishment imposed under other law provisions would result in longer-term imprisonment. There is no requirement of prior incarceration or commitment for this subdivision to use. But the legislature may increase the length of the enhancement of the sentence provided in this subdivision by a statute passed by a majority vote of each house thereof.

As an important note, this law does not apply to a person convicted of selling, furnishing, administering, or giving, or offering to sell, furnish, administer, or give to a minor any methamphetamine-related drug or any precursors of methamphetamine unless the prior conviction was for a serious felony.

Serious Felony

Severe or serious felony refers to any felony in which it is alleged that the defendant personally used a firearm, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people's case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in a sentence. “Serious felony” means any of the following:

Murder or voluntary manslaughter;

mayhem;

rape;

sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person;

oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person;

lewd or lascivious act on a child under 14 years of age;

any felony punishable by death or imprisonment in the state prison for life;

any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm;

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 prisoner on a non-inmate;

assault with a deadly weapon by an inmate;

arson;

exploding a destructive device or any explosive with intent to injure;

exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem;

exploding a destructive device or any explosive with intent to murder;

any burglary of the first degree;

robbery or bank robbery;

kidnapping;

holding of a hostage by a person confined in a state prison;

attempt to commit a felony punishable by death or imprisonment in the state prison for life;

any felony in which the defendant personally used a dangerous or deadly weapon;

selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code;

any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person;

grand theft involving a firearm;

carjacking;

any felony offense, which would also constitute a felony violation of Section 186.22;

assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220;

throwing acid or flammable substances, in violation of Section 244;

assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245;

assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5;

discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246;

commission of rape or sexual penetration in concert with another person, in violation of Section 264.1;

continuous sexual abuse of a child, in violation of Section 288.5;

shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100;

intimidation of victims or witnesses, in violation of Section 136.1;

criminal threats, in violation of Section 422;

any attempt to commit a crime listed in this subdivision other than an assault;

any violation of Section 12022.53;

a violation of subdivision (b) or (c) of Section 11418; and

any conspiracy to commit an offense described in this subdivision.

Legal Support

To avoid the risks of getting three strikes, once you or anyone you know ever had the misfortune of being subjected to legal conflicts regarding serious felonies or the less severe criminal offenses, it would be best to hire the support of our top-notch California criminal defense lawyers. They can help settle such disputes and ensure that your charges will be lessened if not dismissed at the end of the day.

 

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