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Will a strike take off some time on your sentence?

Oakland, CA |

My boyfriend is facing 5 felonies but this is his first offense, if he takes a strike will that take time off his sentence?

Attorney Answers 3

Posted

No. A strike is a class of offense defined as serious or violent under the Three Strikes laws. For a violent felony, the person must do 85% of the time imposed. A first offense for a serious felony, although also a strike, will still make the person eligible for 50% time on the first offense, but 80% of the time for a second qualifying offense (unless it is a violent felony). If you mean will the settlement offer from the DA be for less time if your boyfriend takes a strike instead of a non-strike, that is possible. But this is a very risky proposition because if he ever gets in trouble again he is looking at some significant consequences and I usually advise against doing so unless there are some compelling reasons. Hopefully, he has a good lawyer who can fully advise him as to his specific situation.

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Posted

Strikes add time and endanger him if he picks up another by enhancing his punishment.

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Posted

I think what you are asking is whether the prosecutor might offer less time if he takes a more serious conviction, i.e., a strike. It is certainly a possibility. I remember a case where my client was offered either county jail if she took a robbery (strike) conviction or state prison if she wanted to take a burglary (non-strike) conviction. The DA told me, afterwards, that she was utterly shocked when my client took the non-strike with more time. The DA said that it was a common negotiating tactic to get people to take strike convictions and that she had NEVER before encountered somebody opting for more time to avoid a strike conviction.
So, if that is the nature of your question, the answer is YES. It could take time off his sentence. BUT, I highly advise against it.

Answering your questions on this forum does NOT constitute the forming of an attorney/client relationship. The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter based on any opinion posted on this forum. Rather, you should directly consult with an attorney about the particulars of your case before making ANY decisions.

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