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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?

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Attorney answers 3


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.


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


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.

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