Domestic Violence and Proving Prior Strike Convictions

At the Orange County Law Office of David P Schwarz we are experienced trial attorneys who can protect allegation of prior Domestic violence prior convictions. Please contact our office at 949 735 9266 or via the web. We can also be contacted by email at dpslaw66@gmail.com.

A Domestic violence attorney will make sure that Prior convictions must be pled and proved before the Three Strikes law comes into play. Proof of the prior conviction comes at trial; proof of the prior is not required at the preliminary hearing.

The application of the Three Strikes law need not be alleged as to each count, but may be alleged once as to all counts. the Three Strikes law requires only that the prior serious or violent felony convictions be pled and proved. The defendant was not prejudiced under the circumstances of this case; all counts should have been sentenced as strike offenses.

A Domestic violence lawyer will make sure the prior conviction must be established beyond a reasonable doubtIn the absence of a challenge by the defendant, it is not necessary for the prosecution to prove that a prior conviction based on a plea complied with the requirements of Boykin.

The right to a jury trial on the truth of a prior conviction is entirely a creature of statute; there is no federal or state constitutional right to a jury trial on the proof of a prior conviction.

The Sixth Amendment mandates that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum [for the particular crime] must be submitted to a jury and proved beyond a reasonable doubt.”

At the Orange County Law Office of David P Schwarz we will ensure the federal Constitution requires a jury to find, beyond a reasonable doubt, the existence of every element of a sentence enhancement that increases the penalty for a crime beyond the ‘prescribed statutory maximum’ punishment for that crime.”

A Domestic Violence attorney will inform their client that a defendant has no constitutional right to a jury trial on any factual question relating to the prior convictions. The court found that the determination of whether a particular prior conviction qualifies as a strike, even when such a determination involves the resolution of factual questions, is a function traditionally performed by the court, not the jury. Apprendi and all of its progeny do not apply to this process.

The trial of the prior conviction potentially involves both the court and the jury. “the question of whether or not the defendant has suffered the prior conviction shall be tried by the jury” that tries the underlying case. “the question of whether the defendant is the person who has suffered the prior conviction shall be tried by the court without a jury.”

At the Orange County Law Office of David P Schwarz we are experience domestic violence practitioners who have dealt with many cases of allegations of prior convictions. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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