More on “Strikes” in California

luecklaw — Thu, 15 Dec 2011 19:43:10 +0000

The law in California on “Strikes” can be very confusing, mainly because there are different types of “Strikes” and, depending on what type of “Strike” you have been charged with, the difference determines what percentage of your sentence you will actually serve. In California, “Strikes” are categorized as either “Serious Felonies” or “Violent Felonies”.

“Serious Felonies” are defined by California Penal Code section 1192.7. Depending on your prior criminal history, if you are convicted of a “Serious Felony,” you will have a “Strike” on your record, but you will serve only half of whatever sentence is imposed (commonly referred to as “half time”).

On the other hand, “Violent Felonies” are defined by California Penal Code section 667.5. Convictions for “Violent Felonies” will also result in a “Strike” on your record, but also carry the added consequence of having to serve 85% of any sentence imposed.

If you have been charged with an offense that you believe may result in a “Strike” on your record, or if you have questions about prior convictions and whether or not you have a “Strike” prior, call us today for your free initial consultation.

Robbery Penal Codes

luecklaw — Tue, 15 Nov 2011 19:29:55 +0000

Robbery offenses are quite serious, not only because of the potential for lengthy prison commitments, but also because they amount to “Strikes” on your record and require that you serve 85% of any prison sentence imposed upon conviction. In California, simple petty theft offenses can easily turn into robbery charges if there is any allegation that force or violence was used or threatened in order for the suspect to retain possession of the stolen merchandise. The key to successfully defending against robbery charges is often an immediate and thorough investigation by a private investigator, at the direction of an experienced criminal defense attorney.

Robbery Penal Codes

211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

212. The fear mentioned in Section 211 may be either:

1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,

2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.

212.5. (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and

Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree.

(b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree.

Download PDF

Law Office of Joel E. Lueck » Penal Code

More on “Strikes” in California

Robbery Penal Codes

Robbery Penal Codes