California law classifies certain crimes as “violent felonies”. If you are convicted of a California violent felony, that conviction counts as a “strike” under California’s three strikes law. If, after receiving a strike, you are subsequently convicted of any felony offense, your punishment on that offense will be double what it otherwise would have been. If you have two strikes and are later convicted of a felony, your sentence on the new conviction will be 25-years-to-life in the California state prison.
Most California “violent” felonies are truly violent…murder, mayhem, rape, carjacking, etc. However, one of the ways that a crime qualifies as a California violent felony is if it is a felony offense that causes another person to suffer “great bodily injury”. A “great bodily injury” is a significant or substantial injury as opposed to a trivial or moderate one.
This means that if you are either (1) convicted of a felony count of DUI causing injury…and that injury actually caused “great bodily injury” to a passenger or another driver, or (2) convicted of vehicular manslaughter while intoxicated, those convictions will count as violent felonies.
And this is just one reason why having a savvy California DUI defense attorney is so important. He/she knows the most effective ways to ensure that you are not convicted of a DUI offense that constitutes a violent felony. By having your charges reduced or dismissed, you will not be subject to the unfair sentencing scheme set forth under California’s three strikes law.
