Second Strike Drug Case

California   has what is called the “three strikes law”. This means that if a defendant already has certain felony convictions on his or her record, the minimum sentencing guidelines apply. So any person who commits a violent or serious felony crime for the second time is going to face double the penalties as opposed to those of a first time offender.

Under the “three strikes law,” the following drug crimes are considered “strike offenses”:

• Selling, administering, giving, or offering to give a minor heroin, cocaine, phencyclidine (PCP), methamphetamine, or a derivative of these drugs (regardless if the minor gave his or her consent)
• Drug conspiracy
• Committing a felony drug crime with the use of excessive force or a dangerous/deadly weapon
• Forcing, coercing, or intimidating a victim into participating in a drug crime
• Threatening harm, imminent danger, or bodily injury on the victim while carrying out the drug crime or forcing the victim to participate in the drug crime

 
If you are convicted for the second time, the penalties are double. For instance, if you were sentenced to 5 years in prison and $7,000 in fines for your first offense, you are now going to face 10 years in prison and be fined $14,000 and you will also have a second strike on your record.  Also, regardless of good behavior or other circumstances, you must serve 80% of your sentence.

If you are facing a second strike on a drug charge, contact the Law Offices of Ramiro J. Lluis today for a free consultation with a Los Angeles Drug Crimes Lawyer.