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What is California’s Three Strikes and You’re Out Law?
California’s Three Strikes law is a harsh legal sentencing strategy implemented in the mid-90s to address repeat offenders with increased punishments. Under the law, every serious felony or violent crime is considered a strike, with the understanding that ‘three strikes and you’re out.’
Approximately half the nation’s states used some version of the Three Strikes law. In California, a first-strike offense results in a criminal conviction for a serious crime or violent felony. A subsequent conviction for another violent crime or serious felony will be considered a second strike and come with double the standard sentencing. A third-strike conviction for a violent criminal offense or serious felony could result in prison sentences of 25 years to life, regardless of the severity of the third offense.
The Three Strikes law originally applied to any felony conviction after two violent or serious felony convictions. As a result, criminal defendants were receiving 25 years to life sentences for nonviolent crimes, such as nonviolent drug offenses and nonviolent thefts. One famous case in the past involved a man named John Dewayne Williams, who received a life sentence on his third strike for stealing a slice of pizza.
Are There Criticisms of the Three Strikes Law?
In 2012, Proposition 36 passed, reforming the Three Strikes law. The reforms included the fact that the third strike could only be for an especially serious felony, such as sexual assault or assault with a deadly weapon. Prior to Proposition 36, California defendants were sentenced to life in prison for smaller felony charges, such as nonviolent theft or drug possession. While the law is less severe than it once was, there are still harsh criticisms of its usefulness and basic human decency.
Though the law was passed with good intentions to keep violent repeat offenders off the streets, many critics suggest the law has done little to reduce the occurrence or reoccurrence of violent crimes in the state. The Three Strikes law has several flaws, not least because it has led to overcrowding in our prison system. The law also operates so unsympathetically that some critics believe it could violate the Eighth Amendment constitutional right, as life imprisonment for a nonviolent crime could be considered cruel and unusual punishment.
Additionally, many third-strike cases disproportionately apply to minority defendants. Critics also point to the argument that defendants who receive 25 years to life are given very little opportunity to rehabilitate themselves or redeem themselves for their past acts.
What Criminal Offenses Qualify as Strikes Under the Law?
A strike under California’s three-strike law is any criminal conviction for either a serious felony or a violent felony.
Crimes that could be potentially considered strikes in California include the following:
· Armed robbery
· Arson
· Assault with a deadly weapon
· Attempted murder
· Burglary of an inhabited dwelling, such as home invasion
· Carjacking
· Child sex trafficking
· Crimes that result in great bodily harm
· Drug trafficking
· Forced sodomy or oral copulation
· Grand theft
· Kidnapping
· Murder
· Possession of a weapon of mass destruction
· Rape and other violent sexual crimes
· Solicitation to commit murder
· Violent extortion
· Voluntary manslaughter
· And any serious or violent felony that is typically punishable by life imprisonment
What Are the Legal Consequences of Third Strike Crimes?
Under the California Three Strikes law, those convicted of a second-strike offense will see their criminal conviction sentencing doubled. For example, if an individual was convicted of a crime that would result in three to nine years in prison, a second strike for a subsequent felony offense of the same magnitude would result in sentencing between six and 18 years in prison.
In third-strike cases, where the defendants have two prior strikes on their criminal record, the defendant will face 25 years to life in prison if convicted of a third offense classified as a serious or violent strike offense. Even in cases where the third strike is not necessarily considered a strike offense, the defendant with two prior strikes will likely face enhanced sentencing, essentially rendering their conviction like that of a second-strike offense.
The sentencing for a third-strike conviction will be the greatest of the following:
· Three times the prison sentence provided as punishment for the current felony
· Imprisonment for at least 25 years
· Life in prison is provided that the California Penal Code deems this applicable
· The prison sentence will run consecutively to any other length of imprisonment for which a consecutive term can be imposed
Can a Criminal Lawyer Help You Fight a Third Strike Charge?
There are several legal and social consequences to third-strike convictions, including long-term incarceration, impacts on your family members, and long-lasting criminal records. Just because you have been charged with a third strike does not mean all hope is lost. Criminal defense attorneys are available in Los Angeles to defend your rights and potentially reduce or dismiss the charges against you.
Potential legal defense strategies that your criminal attorney may consider for your case could include the following:
· Filing a motion to dismiss a prior strike in the interest of justice
· Challenging the classification of a strike crime, either in the current criminal case or in prior convictions
· Filing an appeal or a writ of habeas corpus to uncover errors and reduce sentencing after conviction
· Negotiating with the prosecution to advocate for either reduced charges or alternative sentencing
· Filing a Romero Motion, which empowers individuals to petition the courts to remove a strike offense from their criminal record
· Reduction of the third-strike offense, which can be permitted under the law after recent reforms
If you are facing criminal charges that could result in a strike, you must take these legal matters very seriously. First, review your criminal history for any prior convictions that could impact your current case, then contact an experienced attorney right away. The sooner you hire legal representation, the better your chances of achieving a satisfactory outcome to your criminal case proceedings.
Schedule a Free Consultation with an Experienced Los Angeles Criminal Defense Attorney
If you are facing criminal charges in Los Angeles, it is essential that you seek professional legal counsel to help defend your case. Our California law firm has extensive experience in representing clients in complex criminal legal matters, including three-strike law cases. As your legal representative, the attorney and her legal team will explore all potential options and defense strategies to combat the charges against you.
To learn more about the benefits of retaining our legal services, contact our law office to request a free case review with the attorney and her legal staff today.
Give us a call at 866-691-2077.
