How did I get two strikes without another offense? 8 Answers as of February 15, 2012

If I wasn't convicted with strikes in 2006, how did I get 2 strikes now if I never committed another offense? When the judge convicted me in 2006 for assault with deadly weapon, great bodily injury & battery with serious bodily injury, I went to prison for 4 years with no strikes. How do I have strikes now? My minute order says no strikes. How is that possible?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
They were either considered strikes when you plead or not. Your attorney needs to get all the records of the 2006 case to see what was said in court, how you plead and whether the precise elements of those two charges which can be but are not necessarily strikes were admitted to by you.
Answer Applies to: California
Replied: 2/15/2012
Law Offices of James A Bates
Law Offices of James A Bates | James A Bates
The legislature can declare a crime a strike and it applies retroactively.
Answer Applies to: California
Replied: 2/8/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
As I said in previous answer, if you plead to a charge that is now a strike, you have a strike. If you plead to more than one charge both could be strikes.
Answer Applies to: California
Replied: 2/8/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
If you have a new case, your strikes may be derived from this current offense. You can get hit with two strike offenses if you committed two crimes even if they are in the same event. For example, breaking into someone's home and then robbing them is at least two strikes; one for residential burglary and another for robbery.
Answer Applies to: California
Replied: 2/8/2012
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
I don't know. There isn't enough information to answer your question. An assault with a deadly weapon (Penal Code section 245(a)) is a strike, as opposed to an assault "by means likely to produce great bodily injury" is not, even though it's the same code section. Any felony with a great bodily injury (GBI) enhancement is also a strike. So, if you were convicted of either or both of these, then you sustained 2 strike priors. If you were advised to the contrary, or if there is something else in the record of that conviction that would allow you to vacate it, you should consider doing so. You really need to consult with a qualified criminal defense attorney and go over the specifics of your situation. If you have 2 prior strikes and are now facing another felony you are looking at 25 years to life! If they are not strikes then it is not uncommon to have to litigate the strike issues for the court to make the determination. In any event, you need a good lawyer.
Answer Applies to: California
Replied: 2/8/2012
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    California Penal Code section 245 covers the charges of Assault By Means Likely to Produce Great Bodily Injury ("GBI") AND Assault With a Deadly Weapon ("ADW"). The Assault crime where GBI was actually inflicted on a victim is a strike and always has been. Assault simply by "MEANS Likely to Produce" GBI, but where GBI was not actually inflicted, was not (and still is not) a strike. However, ADW, where the defendant PERSONALLY possessed the deadly weapon (not an accomplice) was added as a strike after the law went into effect. Many times, though, authorities (DA, CDC, etc.) will simply go back and claim a P.C. 245 conviction is a strike, without actually confirming whether the facts (and what was actually pled to) satisfies the requirements to be a strike. You can challenge this distinction, depending on whether it is a CDC designation, or a DA alleges it as a strike.
    Answer Applies to: California
    Replied: 2/8/2012
    Attorney at Law | Ernest Krause
    You will be doing this by yourself. Take all your papers to the county clerk and say you want a transcript from the court reporter of your sentencing, judgment and conviction. IF that is available it will take time to get it and you will pay for it. The transcript is authoritative. If you had more than one hearing there is a minute order for each hearing. Get them all. Get a copy of the criminal Complaint filed against you. Get a copy of the probation report and of the papers sent to the prison. Make sense of all that. If you still think the second strike was in error, assemble everything chronologically and call the Public Defender for advice.
    Answer Applies to: California
    Replied: 2/8/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you plead guilty to a felony assault with a deadly weapon, that must have been a strike, unless the complaint did not allege it (highly unlikely).
    Answer Applies to: California
    Replied: 2/8/2012
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