A “strike prior” results in mandatory prison, double the term and 80% of the prison time is served for a new non violent new felony with one strike prior. There is no expiration of a strike offense and they can increase penalties for the rest of your life. However, if it is older it may be able to be possible to be stricken or dismissed through negotiations. Judges have the ability to dismiss a stike allegation over the District Attorney’s (D.A.) objection if they make certain findings justifying the dismissal. The law does give a Judge that discretion. If the felony charge is reduced to a misdemeanor per Penal Code 17(b) by the D.A. or the Judge, then there is no mandatory increased penalties but prior record is usually a consideration in sentencing.
If the “strike Prior” was a serious and violent felony and the new charge is a violent felony, then 85% of the time is served and there could even be a 5 year violent prior enhancement also added depending on the prior. Now, in most cases, third strikes may not result in mandatory 25 to life sentences unless that third strike is a serious or violent felony (there are some exceptions). There are many rules concerning the strike laws which need to be looked at on an individual case basis that is why it is important to hire an experienced criminal defense attorney as soon as possible because of the seriousness of the charges and substantial mandatory prison exposure.
Contact Christoph Law Offices at 760-941-5720 for a free consultation with Attorneys Nicholas or William Christoph. They have been located across from Vista Courts for over 32 years and provide the highest level of professional and personal representation.