Is it possible to get3 strikes at1 time in1 case?

My fiance is being charged with kidnapping, assault, and auto theft, there are other people involved. My fiance has no priors. The victim is saying my fiance did drive the car but did not touch him. They are trying to offer him 7 years and give him 3 strikes.

Asked on October 26, 2011 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is always the possibility that the prosecution as part of its settlement negotiations concerning a criminal matter could claim that one event could lead to three strikes with respect to a felony convictions as a means of forcing a settlement as to a person charged with the crimes.

My understanding of the three strikes laws prevalent in many states in this country is that they have to arise out of distinct and separate events, not out of one event.

I recommend that your fiance' immediately consult with a criminal defense attorney concerning the charges he is facing.

Good luck.


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