In every state, a wide range of factors is considered before determining an appropriate sentence for an individual convicted of a crime. Prior violent crime convictions can significantly affect sentencing, resulting in harsher penalties and consequences. Understanding how a prior offense is treated in court and the impact it can have on your current case is imperative in protecting your legal rights and options. To learn more and secure skilled representation in your case, reach out to an experienced Tehama County violent crimes lawyer today.
What is Considered a Violent Crime?
Under California law, violent crimes include various first and second-degree felonies as well as serious felonies. It is generally any offense that involves bodily harm or a serious threat of bodily harm to another person or the use of a deadly weapon.
Examples of violent felonies include murder, attempted murder, rape, robbery, carjacking, arson, mayhem, kidnapping, and more.
How Do Prior Violent Crime Convictions Affect Sentencing in CA?
During sentencing, a court will consider a variety of factors unique to your situation, including the nature and severity of the offense, the losses and damages resulting from the crime, whether anyone was injured or harmed, your age, whether you are remorseful, and more. One of the most important factors considered is your criminal history.
Having one or more prior violent crime convictions significantly increases the severity of the penalties you are subjected to. Prosecutors will use your criminal history to secure enhanced sentencing under the Three Strikes Law and other statutes. This can result in increased terms of imprisonment, higher fines, a lesser chance of probation, more stringent criteria before parole, and more.
What is the Three Strikes Law?
California enacted the Three Strikes Law in 1994 as a way to deter repeat offenders from continuing to commit crimes, particularly violent offenses. This law alters the sentencing guidelines for individuals who have prior serious or violent felony convictions.
Under the Three Strikes Law, if a person has one serious or violent felony conviction, it is considered a strike. The sentence for any new felony conviction, regardless of whether it is serious or violent, is then adjusted to twice the term required for the new offense. For example, suppose you are arrested for drug possession with intent to sell in California. The standard sentence for a conviction can result in 2, 3, or 4 years of imprisonment. However, you have a prior conviction of arson, which is a serious felony. Because this is your second strike, your possession with intent to sell conviction can result in twice the term of imprisonment, meaning 4, 6, or 8 years in prison.
If a person has two or more previous serious or violent felony convictions, any new felony conviction, regardless of whether it is serious or violent, is considered their third strike. After a third strike, the sentence is life imprisonment with a minimum term of 25 years.
To learn more about how your criminal history may impact sentencing, work with an experienced criminal defense attorney today.