Which Assault With A Deadly Weapon Case Is A Strike?
This is an interesting question. Since the three strikes law was enacted back in the early 1990s, this question comes up all the time because a lot of people are lingering around with assault with a deadly weapon case in Los Angeles.
As you know, if you know anything about the three strikes law, it's retroactive – which means they look back to the end of time, and if somebody's got a strike – an assault with a deadly weapon, for example – it's going to be used against them.
It doesn't matter that the three-strikes law wasn't around then. It doesn't matter that they weren't told specifically they would have a strike in the future. The legislature has just decided they don't care about that, and if you've got an assault with a deadly weapon that qualifies as a strike, they're going to use it against you.
They're going to double your sentence. If you have two strikes, you'll look at twenty-five to life.
Factors that Determine if ADW is a Strike in Los Angeles
This is an important question; as I said, it comes up a lot. What it boils down to is a couple of things. Number one, if when you plead to it, you're told that it's a strike and it meets the qualifications of the strike, then obviously it's a strike. That's an easy one.
However, there are cases where the person pled to it, and the three strikes law wasn't enacted, so nothing was really indicated about it.
The deciding factor in these assault with a deadly weapon case in Los Angeles is whether or not the person admitted on the record that they used a weapon during the case.
It is not a strike if they admit they used a weapon. If they admitted that they used a gun, it was a strike. And that's as simple as I can explain it.
We'll need to look at the case and surrounding circumstances and do whatever research is necessary, depending on your case.
But that gives you a good idea, and it makes sense, right? If you used a deadly weapon and you're convicted of a felony assault with a deadly weapon — that's another requirement — it can't be a misdemeanor. Otherwise, it's not a strike.
Strikes are only felonies. So, if you've been convicted of assault with a deadly weapon and you admit that you used a gun in the case, then that's a strike, and your sentence could be doubled, and you could be looking at some significant time in prison.
I've had cases as they relate to assault with a deadly weapon in Los Angeles, where the client has pled to a felony – assault with a deadly weapon – so normally, it would be a strike.
The three-strikes law wasn't even around at the time, and then what ended up happening was that they did great on probation. They got a probationary sentence. They got their case reduced to a misdemeanor, and then they got it deleted.
Now, years later, they are picking up a new felony, and the prosecutors suddenly have charged it as a second-strike case. People are like, wait a minute. You can't do that. I got it reduced to a misdemeanor.
Misdemeanors can't be strikes. I got it expunged off my record, or so I thought.
But the bottom line is this. That's still a strike because it was a strike when you pled to it. So, it always remains a strike. That's the nasty thing about this three-strikes law.
It's designed to stop people who continue to commit crimes from getting away with them. Basically, it's targeting career criminals—people who just can't stop committing crimes.
Those people are going to double-up, triple-up their sentences until the year they stop, or they're just in prison the rest of their lives, and that is the mentality of the legislature, the prosecutors, the police, and the judges when it comes to these assault with a deadly weapon case.
So, if you have a question about an assault with a deadly weapon — you have a charge, or you have a loved one who is charged — they're looking at prison time, they're scared — come and sit down with me. We'll go over it. We'll get it squared up, and we'll figure out the best approach and strategy to get you out of the criminal justice system as fast as possible.
