With its “Three Strikes” rule, California has one of the toughest punishment policies in the nation. This 1990s-era regulation requires additional time to be added to the jail terms of repeat offenders who are found guilty of violent or major offenses (referred to as “strikes”). As a result of changes made to the Three Strikes rule throughout time, offenders are now generally only subject to a sentence of 25 years to life in prison if all three of their “strikes” included major or violent offenses.
Read on to learn more and then contact Chambers Law Firm at 714-760-4088 if you are in need of a free legal consultation with a criminal defense lawyer in Irvine CA.
Types of offenses that count as a strike
A prior conviction under this legislation counts as a strike if it included a major or violent offense as defined by California law. This list includes the majority of violent offenses, such as those in which the defendant directly used a firearm, where a “gang enhancement” was discovered, and in which the defendant seriously injured the victim. Offenses like robbery and residential burglary are considered serious crimes.
Additionally, if the juvenile was at least 16 years old at the time the offense occurred, the conviction is regarded as a violent or serious felony, and the crime is listed in a specific section of the California Welfare and Institutions Code, juvenile sustained petitions (a conviction in juvenile court) are considered strikes. Convictions from other states may also count as strikes.
What to expect if found guilty of a strike violation
If someone is found guilty of a “strike” violation, their sentence will be harsher, removing the prospect of probation and restricting their ability to accrue custody credits. Both second and third strikes instances fall under this and require help from an experienced criminal defense lawyer in Irvine CA.
Learn how your criminal defense lawyer in Irvine CA can help
Your attorney can start by submitting a Romero motion. In this court filing, criminal defense lawyer in Irvine CA urges the judge to throw out the strike accusations in the interest of justice. The motion will include the circumstances surrounding the present case as well as the particulars of the earlier strikes, including when they happened and your background. A Romero motion will either be granted or denied by the court depending on all the factors in your case.
Second, the prosecutor’s attempt to substantiate the striking claim might be vigorously disputed by your counsel. Importantly, a prosecution must use court records, jail records, and other evidence to demonstrate that you had past “strikes.”
An adept criminal defense lawyer in Irvine CA can utilize their understanding of the California criminal justice system to point out holes in the prosecution’s case and show that past criminal offenses do not count as strikes, potentially saving a significant sentence enhancement.
Third, and probably most significantly, your criminal defense lawyer in Irvine CA can vehemently challenge the existing allegations. You can completely escape the Three Strikes statute if your counsel can get a felony case dropped or downgraded to a non-strike felony (or a misdemeanor). To safeguard your rights and your future, it is crucial that you employ a top-notch criminal defense lawyer.
Chambers Law Firm is available if you have been accused of a crime. Our tenacious criminal defense lawyer in Irvine CA will fight for your freedom and legal rights. For a free first consultation, call us at 714-760-4088 or email dchambers@clfca.com right now.
