A one-strike law sentence is not to be taken lightly. Even the shortest sentence can turn into a lengthy one because of this statute. This calls for urgent consultation with an experienced criminal defense lawyer capable of negotiating with prosecutors and saving you from losing your physical freedom for years.
What is the “One Strike” law, and why is it serious?
Under this law (Penal Code 667.61 PC), the sentence for certain sex crimes is extended by 15+ years due to specific factors or exacerbating actions. Some convicts even face life imprisonment, depending on the severity of the case.
Which crimes are included in this statute?
- Spousal rape
- Sexual penetration
- Lewd acts on a child
- Oral copulation
- Continuous sexual abuse of a child
Which factors can lead to this sentence enhancement?
After found guilty of any of these offenses, the one-strike law applies if you also:
- Have been previously convicted of one or more of the eight crimes mentioned above.
- Broke into a property with the intent to perpetrate the crime.
- Caused significant bodily injuries to the victim.
- Kidnapped the victim in a way that could have caused severe physical harm.
- Tortured, tied, or gave the victim a controlled substance.
- Used dangerous weapons.
Typically, rape charges put you in prison for up to eight years. For instance, if the defendant administered a narcotic to the victim to commit the crime, prosecutors have enough grounds to increase prison time by 25+ years.
How do I avoid this sentence extension?
There are defenses you can use to achieve a fair outcome. For example, you might have been falsely accused or coerced into performing these acts by someone else. It is possible to have the one-strike extension waived if you can prove that you didn’t do anything which justifies receiving nearly double the amount of jail time.
Contact us if you are facing sex crime charges or a one-strike sentence in California. Our team has a proven track record of securing lesser punishments for clients and having their charges dismissed. Schedule your free consultation today.