“SUPER STRIKES”

“Super Strikes” refer to extremely serious felonies, including murder, rape, and assault with a deadly weapon on a police officer. Committing these crimes makes an individual ineligible for certain recent changes in sentencing and re-sentencing laws under the “Three Strikes Law”. The specific felonies listed as “Super Strikes” can be found in PC 667(e)(2)(c)(iv), and they are fewer in number compared to the “Strikes” listed in PC 667.5(c) (referred to as “violent felonies”) and those listed in PC 1192.7(c) (known as “serious felonies”).

HOW DOES A CONVICTION FOR A “SUPER STRIKE” AFFECT SENTENCING UNDER THE THREE STRIKES LAW?

Recent changes to the Three Strikes Law have important implications for individuals with prior convictions. If you have two or more Strikes and your new felony charge is not a Strike, you will be sentenced as if you had only one prior Strike, resulting in a doubling of your sentence. However, if one of your prior Strikes is a “Super Strike”, you will not be eligible for sentencing under the new law. In such cases, if convicted of the new felony, you may face a sentence of 25 years to life in prison. For instance, if your prior convictions are for burglary and robbery (non-“Super Strikes”), and you are now charged with felony Receiving Stolen Property, the sentence for the new charge will “only” be doubled. Conversely, if your prior Strike convictions include murder (a “Super Strike”) and robbery (a Strike), a conviction for felony Receiving Stolen Property could result in a sentence of 25 years to life in prison. Stay informed about the potential impact of these changes on your case.

HOW DOES A CONVICTION FOR A SUPER STRIKE AFFECT MY RE-SETENCING RIGHTS UNDER PROPOSITION 47?

Under the re-sentencing reform known as “New Proposition 47,” certain crimes such as theft (when the value of stolen property is $950 or less) and drug possession have been reduced to misdemeanors. You have the right to request that your conviction be changed to reflect this new classification. However, if you have a prior conviction for a “Super Strike,” you are not eligible for re-sentencing under Proposition 47. For instance, if you were previously convicted of murder and possession of methamphetamine when HS 11377 was still a felony, you cannot request a reduction of the drug possession charge to a misdemeanor. Please note that if you were to be convicted of a strike offense in the future, you may be sentenced to life in prison. For more information on re-sentencing and eligibility, consult with a legal professional well-versed in Proposition 47.

WHAT I WAS CONVICTED OF A “SUPER STRIKE” WHEN I WAS A MINOR, OR MY “SUPER STRIKE” CONVICTION IS FROM ANOTHER STATE:  DOES EITHER CONVICTION COUNT AS A “SUPER STRIKE”?

Under PC 667(d)(3)(A), a conviction for a strike committed when you were a minor may qualify as a strike if certain conditions are met. For instance, being 16 years or older at the time of committing the crime, the crime falling under Welf & I C 707(b) or being categorized as a strike, the Juvenile Court determining your suitability for juvenile law treatment, and the Juvenile Court assuming primary responsibility for your control and treatment.

Another scenario is when a conviction for a strike, including “Super Strikes,” occurs in another state, such as Nevada, and aligns with the definition of a strike under California law. Determining whether the Nevada conviction qualifies as a strike in California involves a more in-depth analysis, as it goes beyond a simple word-for-word comparison between the two states’ laws. Each crime can be seen as a recipe with multiple ingredients or elements, and each state has the freedom to define the crime as it deems fit. If the elements of the strike you were convicted of in Nevada align with those of California law, then your strike conviction from Nevada can be counted as a strike in California.

These are some key factors to consider when understanding the qualifications and implications of strike convictions.

ROMERO MOTION

A Romero motion, filed by your attorney, is a legal request to the Judge. It aims to dismiss one or more of your previous Strikes in the interest of justice. If granted, this motion allows the Judge to give you a lighter sentence compared to being labeled as a Three-Strike Offender. The motion urges the Judge to consider various factors including your background, upbringing, family ties, and current situation without the strike offenses. Its purpose is to determine whether you should be subjected to the punitive nature of the Three Strike Law. Additionally, a knowledgeable attorney will assess whether your Super Strike conviction as a minor qualifies as a strike, and whether an out-of-state conviction for a Strike offense is considered a Super Strike according to California law.

CALL TODAY

Having a prior conviction classified as a “Super Strike” under California’s Three Strikes Law can significantly affect the outcome of any subsequent criminal charges. A Super Strike, often involving violent or serious felonies, can lead to enhanced penalties, including a potential lifelong prison sentence if convicted again. It’s crucial to approach such cases with a robust and knowledgeable defense strategy, given the high stakes involved.

Our attorneys at Inland Empire Criminal Defense specialize in handling cases involving Super Strikes and other Strike offenses. We understand the complexities of the Three Strikes Law and are adept at navigating the legal system to challenge prosecutors’ allegations effectively. Our goal is to provide a defense that not only addresses the current charges but also considers the impact of any prior convictions on your sentencing.

We are committed to advocating vigorously on your behalf, leveraging our extensive experience and deep understanding of strike laws to seek the best possible outcome. Whether it’s negotiating for reduced charges, fighting for a case dismissal, or presenting a strong defense at trial, our team is dedicated to protecting your rights and freedom.

If you or a loved one is facing charges that could be affected by a prior Super Strike or Strike conviction, don’t hesitate to seek the expert legal representation you need. Contact Inland Empire Criminal Defense today at 909-939-7126. Conveniently located in Ontario, we are here to offer our support and expertise, helping you navigate through this challenging time with confidence and strategy.