Practice Definitions

Definitions of Crimes - and which ones are "strikes" under the California Three Strikes Law

Murder

The intentional killing of another human being, with or without malice aforethought (always a strike)

Rape

Sexual intercourse with a female against her will, or under other circumstances which indicate that the sexual act was not voluntary, i.e. use of so-called "date rape" drugs to have sex with an unconscious woman (almost always a strike).

Robbery

The taking of property from another by force or fear (always a strike)

Burglary

The entry of a structure with the intent to steal or commit a felony (burglary of a residence is a strike, burglary of a commercial property is not)

Child Molest Cases

Any number of sexual acts on a child under the age of 18, but the most serious of these offenses involve charges concerning children 14 years of age or younger (almost always a strike).

Threat Offenses

Making a credible threat to another, that causes the person hearing the threat to be in immediate fear that the threat will be carried out (if charged as a felony, it is a strike)

Assault

An unlawful attempt, coupled with the ability, to commit a violent injury on the person of another. (If great bodily injury is inflicted during the assault, it is a strike)

Domestic Violence

Committing injury on a spouse or other person that has a specific relationship with the alleged victim (If great bodily injury is inflicted during the domestic violence, it is a strike)

Narcotics and/or Drug Possession, Sales and Manufacturing

The unlawful use, intent to sell, selling, transporting or manufacturing substances that the government has declared to be illegal.

Embezzlement

The taking of money or property of an employer (generally are not strikes, but there are sentencing enhancements for multiple offenders).

Grand and Petty Theft type Offenses

Generally the taking of the property of another, and the value of the property, (most times over $400.00) defines the nature of the offense charged.

DUI

Driving while under the influence of alcohol, drugs, or their combined influence. Any drug which causes impairment of the driver, even if legal or prescribed by a doctor, can be the basis for such a charge. In the case of alcohol, it is illegal to drive with a blood alcohol result over .08%, as well as the charge of being under the influence.

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