Ray Hrdlicka – Host – Attorneys.Media
“Well, let’s talk about that…you brought up the word ‘strike’. In California, everybody has heard the phrase ‘three strikes and you are out’. In terms of the criminal justice system. So, are all felonies a strike? If someone gets three felonies…that’s it?”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“No. You can have several felonies and none of them can be strikes. It really just depends on what you have. So, for example, penal code section 245 is about assault with a deadly weapon. There are component parts of it. There is the ‘with force likely to cause great bodily injury’, which is an enhancement. If there is a firearm that’s involved, that will definitely be a strike. And that enhancement is more likely to be a strike, even if there is no firearm. However, there are certain types of nuances, there are some nuances in how that case can be charged. So you can have an assault with a deadly weapon that is a strike, and you can have an assault with a deadly weapon that is not a strike, depending on the subsection and the facts that you have in your case. And the significance is, of course, if it’s a strike then you are doing 85% of your time. If it is a non-strike, and not considered a serious felony, then you will only do 50% of the time.”
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