Orange County Violent Crime Lawyer

What Is the Three Strikes Law?

The Three Strikes law is used to discourage repeat offenders and to punish those who commit multiple crimes. This law punishes individuals who have been convicted of multiple serious or violent felonies, and California Penal Code Section 1192.7(c) lists the felony offenses that will count as a strike under this law. Many violent crimes are on this list, such as rape and murder, as well as other generalized criminal offenses. For the most part, repeated violent crimes can be penalized with life imprisonment with no chance of parole.

However, even within the harsh confines of this law, jail time is not automatic and any violent crime case has the chance of being changed to a reduced sentence, dismissed, or concluded with a not guilty verdict. Attorney Jacqueline Goodman is skilled in negotiating with prosecutors to find a fair plea deal when taking matters to litigation would be unfavorable for her client.

There are three usual ways to approach a 3-strikes case:

1. Avoid a conviction entirely by fighting the charges in criminal court.
2. Turn a felony “wobbler” to a misdemeanor, which adds no strike.
3. Persuade the district attorney or the judge to “strike a strike”, which means that one of your previous strikes will be removed before a new one is added.

Types of Violent Crime Charges in Orange County, CA

What Violent Crimes in California Can Add a Strike to Your Record?

Assault

The unlawful attempt to commit a violent injury upon another person is defined as assault under California law. Any sort of application of force to try to cause injury can constitute an assault charge.

Battery

Sometimes confused with assault, this crime is defined as any willful and unlawful touch that is offensive and/or harmful. You may be accused of battery for the slightest touch or aggravation, and yet this accusation can bring about serious penalties and may be charged as a felony offense if there are certain circumstances present.

First-Degree Murder

You may be charged with first-degree murder if you are accused of ending someone’s life intentionally and with premeditation.

Homicide

Defined as the act of killing another person, homicide is one of the most serious crimes on record. You need to fight a homicide charge under all circumstances.

Manslaughter

Manslaughter is the crime of killing another person without malice aforethought. There are two types of manslaughter: voluntary or involuntary. Involuntary manslaughter takes place during the commission of an unlawful act or during the commission of a lawful act that involves a high risk of death or great bodily harm. Voluntary manslaughter applies to killings that you commit in the heat of passion or during a sudden quarrel.

Mayhem

Mayhem is the crime of maliciously disfiguring or disabling another person’s body. Unlike the similar offenses of assault and battery, mayhem focuses on the nature of the alleged victim’s injury rather than the nature of the force that was used. It can be charged as a felony and may apply a strike to your record, depending on the judge’s discretion when ruling for a conviction.

Rape

Forced sexual acts upon a victim that also causes them to suffer some sort of physical injury is considered rape. The charge can also be applied if the victim is mentally abused to the point that they involuntarily permit sexual acts.

Robbery

Stealing an item from a person who is present during the theft and while using force is classified as robbery. Since robbery relies on force to commit theft, it is considered a violent crime in California.

Lewds Act with a Minor

Any sort of sex crime involving a child under the age of 14 can be classified as a violent crime, even when no force or threat is involved. It is a legal tactic adopted by California criminal courts to allow prosecutors to push for inordinately severe penalties against child sex offenders.