California Three-Strikes

Question

I have a friend who has two "strikes" under California law - for robbery and burglary (two separate cases from the early 90s). He is prone to getting in trouble again, but I don't want him to get his third "strike." Is there any way to challenge the categorization of one of his earlier offenses as a "strike?" Or any other pre-emptive thing I can do to do head off the three strikes designation if he gets another case?

Answer 1

Move away from california..

Answer 2

John S gets best answer and rightfully so.

You're inviting some interesting comments about trying to head off another strike for your friend who is prone to getting in trouble and frankly, I'm doing all I can to resist the temptation myself.  Let's just say this:

Not your job to keep your friend out of trouble.

Not your job to minimize your friend's illegal behavior.

But a friend is a friend, I know.  You wanna keep him out of trouble, you're pretty much going to have to act as a 24-hour babysitter and physically keep him out of trouble.  Your friend evidently has some issues when it comes to commonly-accepted social behavior ("prone to getting in trouble") so maybe some therapy isn't a bad idea.

Best of luck.

Answer 3

No, he has already been convicted.  If it was just a charge, his lawyer could ask for a plea to knock it down to a misdemeanor, however it's too late for that.  Your friend is an idiot, sorry, but it's the truth.  If he is prone to getting into trouble maybe this is his wake up call.  Life in Prison is no laughing matter.

A couple years ago...kid had 2 strikes on him...armed robbery, burglary.  This idiot then pushes a kid down and steals his slice of pizza...Strongarmed robbery and assaut and battery....LIFE IN PRISON

Good riddance

Answer 4

Sounds like it's been a long time since he's gotten into trouble. If it's really been that long (since the early 90's) he must be doing pretty well. You sound like a concerned friend which is good but you're friend is the one who's solely responsible for the choices he makes. I've heard of cases where the DA would make a plea bargan with the defendent in a third strike case to plea down to a second strike so he wouldn't have to go away for 25 to life.  

Answer 5

Some of the other fokes who read and answer questions here on this site doesn't understand the " Three Strike " deal. So I'll answer your question and explain to the readers at the same time. California and a few other states have this three strike violation because your state is concidered to be a high Felony state. Which means three felonies and you automacticly pull time. Now, as to your friend. The pass felonies cannot be changed, but if he is looking at his thired felony I would get a d**n good attorney and plea with the judge to concider reducing the felony to a high misdemeanor. It doesn't matter if he got the highest misdemeanor there was, as long as he didn't get the thired felony. The reason I stated to have his attorney to plea to a high misdemeanor is so that the judge will at least think about reducing the felony. Have him to come up with so kind of story like " I'v been trying to do better, I support three kids and work everyday. Do you understand what I'm saying. Try to show the judge not just tell the judge he is trying. I believe your friend will at least have a chance by doing this.  You know attorney's charge huge fees for this kind of info. Maybe I should have advised you to e-mail me and charged you a small fee to help your frined out.  I'm just kidding around, I'm not saying that this will even work but it's what I would do if I were wearing his shoes right now. As a cop I try to help everbody because I believe we are all human and make mistakes everyday. I 'm what the bad guy on the street says about cops and I know most bad guys hate cops, but they tell me I'm one of the good cops and would take off the shirt to really help the adverage joe who really doesn't deserive the help. remember this the next time you speak with a cop. Ask him/her if they are one of the good cops.  Good Luck my Friend with your friend.  

Answer 6

What is a "strike" is defined by statute.  Note that only first degree burglaries (generally, residential) are strikes.  Nothing he can do will change the status of a first degree burglary or of a robbery as a "strike."  With two strikes, any felony he commits now could be punished by 25 to life.