Strike Charges Reduced: Can You Negotiate Lesser Sentence?
Can a strike charge be negotiated down to a lesser sentence? Yes, says Oakland attorney Andrew Dósa—though a strike is clearly defined and stays a strike, the case facts open room to negotiate. Details like the weapon and the degree of force let the DA and defense resolve a strike down to a non-strike, sparing the defendant elevated prison exposure.
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Answered by Andrew Dósa · Oakland, CA
Highlights
Frequently Asked Questions
Can a strike charge be negotiated down?
Yes—though a strike is clearly defined and stays a strike, the case facts open room to negotiate, with details like the weapon and degree of force letting both sides work toward a resolution.
What avoids strike consequences?
A lesser plea that resolves a strike down to a non-strike, sparing the defendant the elevated prison exposure a strike carries.
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