Learn the Truth About What Happens if You Are Convicted of Three Felonies in California

Learn the Truth About What Happens if You Are Convicted of Three Felonies in California

In California, every offense that carries a sentence of more than a year in prison is classified as a felony. The most serious form of criminal conduct is a felony. A capital crime is committed when a person commits a capital offense, such as first-degree murder. Rape and sexual assault are other examples of felonies.

A person’s criminal background affects how they are charged

Not all felonies are created equal. Instead of the gravity of the offense, a person may be charged with a felony based on their criminal history. Because they had a past conviction, a person may be prosecuted with a felony for petty theft that would otherwise be tried as a misdemeanor. Similarly, under some instances, possessing a tiny amount of narcotics might be prosecuted as a felonies. Although these are felonies, they are not considered “serious” or “violent” acts under California’s three strikes statute.

The importance of felony labeling

This distinction is critical since the sort of crimes you have affects your sentence. If you have three “strike” crimes, you will most likely be sentenced to 25 years to life in California state prison. If your three felonies aren’t for significant or violent crimes, though, you won’t suffer the same penalties.

Having three felony convictions is a difficult scenario since it will almost certainly result in a harsher sentence than if you were charged with a misdemeanor. If you have three felonies, a prosecutor will be less inclined to negotiate a plea deal. The severity of your sentence will be determined by the sort of offences you have committed.

You will face increased punishment if any or all of your offenses are judged significant or violent “strikes” under California’s three strikes statute. Kidnapping, rape, any felony involving a weapon, crimes using explosive devices, and home burglary are examples of serious or violent offenses. Depending on the number of strikes, the following phrases will be used:

  • A defendant with one prior strike who is convicted of a new crime must serve twice as much time in jail and must serve 80 percent of the sentence imposed
  • If you get two or more strikes, you’ll be sentenced to a minimum of 25 years in jail, with no time off for good conduct or employment. The defendant is eligible for, but not assured, release after serving 25 years.
  • If your felonies are not considered strikes, it might have an influence on how future offenses are prosecuted and punished. You will not be liable to California’s three strikes statute if these convictions are not for significant or violent acts under California law — and so are not “strikes.”

Any felony charge carries the risk of significant repercussions. That is why it is critical to retain the services of an experienced criminal defense attorney. Contact Chambers Law Firm at 714-760-4088 to book a free first consultation if you have been charged with a crime.

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