The answer depends on whether the felonies are considered serious or violent.
In California, any crime for which you can be incarcerated for more than a year is considered a felony offense. A felony is the most serious type of criminal offense. Capital crimes, such as first degree murder, is a felony. Other crimes, such as rape and sexual assault, are considered felonies.
Yet not every felony is created equal. A person may be charged with a felony based on their criminal history, instead of because of the seriousness of the crime. For example, a person may be charged with a felony for a petty theft that would otherwise be charged as a misdemeanor because they have a prior conviction. Similarly, possession of a small amount of drugs could be charged as a felony in certain circumstances. While these are still felony offenses, they are not treated as “serious” or “violent” offenses for purposes of California’s three strikes law.
This distinction is important, because it matters what type of felonies you have. As a criminal defense lawyer Orange County, CA can explain, if you have three “strike” felonies, then you will likely be sentenced to 25 years to life in California state prison. However, if your three felonies are not for serious or violent offenses, then you will not face the same consequences.
Having three felony convictions is a hard situation, because it will most likely result in a more harsh sentence than what you would receive with lesser charges, such as a misdemeanor. A prosecutor will also be less likely to engage in plea negotiations if you have three felonies. The impact on your sentencing will depend on what type of felonies you have.
If any or all of your felonies are considered serious or violent “strikes” under California’s three strikes law, then you will be subject to enhanced sentencing. Serious or violent felonies include crimes like kidnapping, rape, any offense in which a weapon was used, crimes involving explosive devices, and residential burglary. The following sentences will be applied based on number of strikes:
- One strike: a defendant convicted of any new felony with one prior strike must go to prison for twice the usual sentence, and must serve 80% of the sentence imposed.
- Two or more strikes: minimum of 25 years to life in prison, with no time off for good behavior or working. After 25 years, the defendant is eligible for, but not guaranteed parole.
If your felonies are not considered strikes, it may impact the way that any future offenses are charged or the way that you are sentenced. However, if these convictions are not for serious or violent offenses under California law — and therefore are not “strikes” — then you will not be subject to California’s three strikes law.
Any felony charge has the potential of serious consequences. That is why it is so important to hire a highly skilled criminal defense lawyer Orange County, CA to represent you. If you have been charged with a crime, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
