Many individuals in California are familiar with the state’s “Three Strike” law. The state also has a “One Strike” law. Penal Code 667.61 addresses this One Strike law. PC 667.61 allows the court to hand down much harsher sentences for some forms of sexual abuse.
The One Strike law only deals with specific criminal charges here in California. It allows the court system to sentence individuals to up to life in prison for these crimes. Get additional facts about the One Strike law from the Simmrin Law Group and how to fight back at (310) 997-4688.
Comparing the Three Strikes Law to the One Strike Law
California’s Three Strikes law is very well known. This law allows the court system to increase the penalties for felony offenses if someone has past felony convictions. For example, a second “strike” under this law can double the amount of time someone would spend in prison. A third strike can lead to life in prison.
PC 667.61 deals with only one strike. This means the full impact of the sentencing enhancement applies immediately. PC 667.61 sentencing enhancements work to extend an individual’s sentence. In some cases, judges can add up to:
- 15 years in prison
- 25 years in prison
- Life in prison
However, the One Strike law only applies to certain sex crimes. Additionally, it only applies when the crimes include certain aggravating factors.
Sex Crimes Associated with the One Strike Law
Certain sex crimes can lead to a PC 667.61 sentencing enhancement. These crimes include, more specifically:
- Rape (including spousal rape and gang rape)
- Oral copulation
- Continuous sexual abuse of a child
- Lewd acts
- Sexual penetration
Each of these sex crimes is taken seriously on its own in California. However, in some cases these charges are treated more severely, leading to harsher penalties. Discuss these charges right now with the team at the Simmrin Law Group. Contact us for assistance at (310) 997-4688.
Aggravating Factors Associated with PC 667.61 Enhancements
Sex crimes can receive a sentencing enhancement through PC 667.61. However, this enhancement is not automatic. It only applies if there are certain “aggravating factors” associated with the criminal act. There are a number of different factors that can lead to increased penalties.
Individuals can face increased penalties if:
- They were previously convicted of any of the above offenses
- They caused the alleged victim bodily harm
- They kidnapped the alleged victim
- They tied up the alleged victim
- They gave the alleged victim any kind of controlled substance
- They used a dangerous weapon during the crime
Not all of these aggravating factors lead to the same sentencing enhancements. For example, in some cases, individuals may only face fifteen years of additional prison time. In other circumstances, the court can choose to sentence the offender to life in prison.
A sex crimes lawyer in Los Angeles can help you dig deeper into PC 667.61 enhancements and how to fight back.
How to Handle a PC 667.61 Sentencing Enhancement
Reach out to the Simmrin Law Group if you were charged with a One Strike offense in California. We’re here to help you with both the underlying criminal charge as well as the PC 667.61 sentencing enhancement. We can help you show that:
You Did Not Commit the Sexual Offense
You should not face PC 667.61 sentencing enhancements if you did not carry out a sex crime. We can work to show that you had consent before carrying out a sexual act. This could help you avoid a conviction for a sex crime in Los Angeles.
There Were No Aggravating Factors
PC 667.61 sentencing enhancements only apply if there were aggravating factors associated with a criminal act. For example, let’s say you are convicted of rape in California. You should still not face PC 667.61 enhancements if you did not commit any of the aggravating events. In this situation, a lawyer could work to reduce the penalties you face for a conviction.
Speak to a Lawyer About California’s One Strike Law
Penal Code 667.61 is a sentencing enhancement for certain sex crime charges in California. It is considered California’s One Strike law. The Simmrin Law Group can help if you are facing increased penalties for a sex crime accusation. Just contact us today and review your situation with a criminal defense lawyer in Los Angeles with a free consultation at (310) 997-4688. You can also fill out our online contact form.