Strike Cases

The California Penal Code section 667.5(c) and 1192.7 define “strikes” as either “serious” or “violent” felonies. Such felonies include but are not limited to Murder, Manslaughter, Mayhem, Kidnapping, Robbery, Burglary, Carjacking, Assault with Deadly Weapon, Rape, Residential Burglary, Arson, Participation in Criminal Street Gangs, and Criminal Threats.

If a defendant had been convicted of a strike and is later convicted of any felony, he must serve at least twice the normal punishment for the new felony. In the event that a defendant had been convicted of two strikes and is later convicted of any felony, then he may be sentenced to 25 years to life.

Strike offenses are also more severely punished than other felonies. Once convicted of a strike, the defendant must serve 85% of his prison term instead of the 50% associated with non-violent and non-serious offenses. Mr. Nosratabadi has been very successful in striking (removing) strikes for sentencing purposes; thus drastically reducing his clients’ exposure in state prison.

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