Felonies

Serious and Violent Felonies

California’s Three Strikes Law, Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), provides longer sentences for convicted felons who were previously convicted of a violent felony as defined by Pen. Code, § 667.5, subd. (c), or a serious felony as defined by Pen. Code, § 1192.7, subd. (c). A defendant with one or more such prior convictions (strikes) must be sentenced for the current offense under the Three Strikes Law. Pen. Code, § 667, subd. (f)(1). The prosecution bears the burden of proving beyond a reasonable doubt that a defendant’s prior convictions were for either serious or violent felonies.

Felonies (serious or violent as defined in the Penal Code) all have potential for long terms in State Prison. The focus of my representation, if I cannot achieve a dismissal or a reduction to a misdemeanor, is to arrive at a probationary sentence or the best possible outcome that this office can arrive at.

A murder can be reduced to a voluntary manslaughter under the right circumstances and persuasion. A first-degree burglary can avoid state prison under the right circumstances. Strikes for prior offenses (the third strike) can be struck to avoid a sentence of 25 years to life.

This office represents you to the fullest ethical degree.