California’s three strikes law mandates that anyone who is convicted of a felony after two or more prior strike convictions is to be given a sentence of 25 years to life in state prison. If you are convicted of a felony after having suffered an earlier “strike”, the base sentencing range for the new charge is doubled and you may earn reduced custody credit (i.e., 80 percent time for non-strikes; 85 percent on new strike offense). If you have been charged with an offense that triggers the three strikes law and are facing life in prison, seek the advice of a qualified defense attorney.
With experience in defending clients accused of felony offenses, our three strikes lawyers understand the stress you feel in knowing that you could be facing a lengthy prison sentence. When you contact our firm, we will work with you to build a strong defense. In order to be subject to sentencing under the three strikes law, you must first be convicted of the current charges and we are prepared to make every effort to have your charges dismissed or to win an acquittal if your case goes to trial.
Strike felonies are those classified as serious or violent in nature. Examples include murder, rape, voluntary manslaughter, forced sodomy, lewd acts performed on a child younger than 14, and felonies punishable by life imprisonment or by death or felonies that involve violence that causes serious injury. Other serious crimes include such acts as carjacking, bank robbery, kidnapping, arson, residential burglary, use of explosives for the purpose of causing injury or death.
If you have been arrested for a felony and you have prior strike convictions, your criminal defense attorney may still succeed in getting the judge to exercise leniency. In fact, the judge may choose to disregard your prior convictions by way of a Romero motion, meaning the three strikes penalties would not apply in your current situation. Why would a judge do so? He or she will consider your attorney’s arguments, the circumstances that brought about the current charges against you, the past convictions and how long ago they took place and other relevant factors.
California enacted its three strikes law in the mid-90s in order to get tough on crime and especially on repeat offenders. If you have been accused of a felony and are at risk for a long prison sentence because of the three strikes law, you need the proven experience of an experienced defense attorney.
Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)
Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)
Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence. Client found not guilty on all counts at jury trial. (People v. Felicia M.)
Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)
Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)