Yes, it’s possible. Having a strike removed is called “striking a strike” and a competent criminal defense attorney can assist you with the process. In California, a strike under the Three Strikes law comes with a conviction of a serious or violent felony. A third strike can result in 25 years to life in prison. Dismissing a prior strike conviction can occur any time before, during or after trial up until sentencing. A defendant and his attorney can submit a Romero motion to have a prior strike dismissed. Also, a judge has the discretion to dismiss a prior strike if it’s in the furtherance of justice. The strike dismissal does not result in the underlying charge being dismissed and it can continued to be used against you in the future.
Another way to avoid a strike on your record is when your charge is a “wobbler.” Under California law, a wobbler, such as assault with a deadly weapon, can be charged as either a misdemeanor or felony. If your conviction is for a misdemeanor, then there is no strike.
Latest posts by Stephen G. Cline (see all)
- Man armed with metal bar robs North Park store - February 23, 2018
- Woman hit, killed on Interstate 5 near Solana Beach - February 23, 2018
- 10 San Diego residents under court orders to give up their guns - February 16, 2018