Sentencing Under Three Strikes
Three strikes laws are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became very popular in the 1990s. They are formally known among lawyers and legal academics as habitual offender laws.[1] A person accused under such laws is referred to in some jurisdictions as a "prior and persistent offender." The name comes from baseball, where a batter is permitted two strikes before striking out on the third.
A defendant who commits any felony, that has two or more “strike” priors, must be sentenced to at least 25-years-to-life in State Prison.
A defendant who commits any felony with one “strike” prior must be sentenced to a doubled term on the current felony.
The current felony does not have to be a serious or violent felony; any felony will do. It is where the prior convictions are serious or violent felonies that the 3-Strikes law comes into effect.
Also in 3-Strikes cases “good behavior” credits are reduced. A defendant who commits a felony with one “strike” prior must serve at least 80% of their sentence in prison; good behavior credits cannot exceed one-fifth of the total prison term. Compare this to non-strike cases, where up to 50% of the sentence may be reduced because of good behavior credits.
If you or someone you care about has been charged in a 3-Strikes case, please consult with a defense attorney right away.
What is a Strike?
A strike is a prior conviction of a serious or violent felony. They are listed in the California Penal Code. Serious felonies are listed at Penal Code Section 1192.7 (c), while violent felonies are listed at Penal Code Section 667.5 (c). [Bill-link to both of these code sections].
The 3-Strikes law went into effect on March 7, 1994. This means that the current felony must have occurred after the effective date to trigger 3-Strikes sentencing. However, the prior strike convictions could have occurred at any time. This means that priors from before March 7, 1994 count as strikes, even though the 3-Strikes law had not been implemented yet.
Defending a 3-Strikes Case
A skilled criminal defense attorney can help. The first course of action is to determine whether there is a defense to the current felony case. Only a criminal defense lawyer can assist in making this determination. It is therefore critical that if you or someone you care about has been charged in a 3-strikes case, that you consult with a criminal defense attorney at once.
A judge has the power to dismiss a “strike” prior, and thereby avoid a 3-Strikes sentence. This can occur before, during, or after trial, up to the time that judgment is pronounced.
The judge or the prosecutor may also reduce a “wobbler” to a misdemeanor, and avoid a 3-Strike sentence. A “wobbler” is a case that can be charged as a misdemeanor or a felony. Although the prosecutor may be seeking a 3-Strike sentence by charging a “wobbler” as a felony, it is possible to persuade a judge to declare the current charge a misdemeanor, and avoid a 3-Strikes sentence.
Where the current felony charge is drug-related, it is still possible to obtain relief through drug court, although this is a decision that should not be made without first consulting a criminal defense lawyer.
If you or someone you care about is facing criminal charges, contact a criminal defense attorney at once.
Counties Served:
We serve all counties in California: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County.
Cities Served:
Los Angeles County, CA: Agoura, Altadena, Alhambra, Bellflower, Beverly Hills, Burbank, Calabasas, Century City, Chatsworth, Compton, Culver City, Diamond Bar, Downey, Downtown Criminal Court, El Segundo, East Los Angeles, Eastlake, Encino, El Monte, Glendale, Glendora, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Inglewood, Los Angeles Lawyer, La Canada, LAX Court, Los Padrinos, Long Beach, Los Angeles Attorney, Malibu, Manhattan Beach, Marina Del Rey, Newhall, Norwalk, Palos Verdes, Pasadena, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Marino, San Pedro, Santa Clarita, Sherman Oaks, Sierra Madre, Santa Monica, South Gate, South Pasadena, Sylmar, Torrance, Universal City, Valencia, Van Nuys, West Covina, West Hollywood, Walnut, Westchester, West Hollywood, Westlake Village, Whittier, Woodland Hills, California. Orange County, CA: Anaheim, Anaheim Hills, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine Attorney, Laguna Beach, Laguna Hills, Laguna Niguel, La Habra, La Palma, Mission Viejo, Newport Beach, Orange, Orange County Lawyer, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, Yorba Linda, California. Ventura County, CA: Camarillo, Moorpark, Oxnard, San Buenaventura, Simi Valley, Thousand Oaks, Westlake Village. San Bernardino County, CA: Ontario, Rancho Cucamonga, Upland.
[ Back to top ]
