If you have serious or violent prior convictions, you will face a mandatory sentencing scheme under the three strikes law.
California is serious about violent crime — which is why it has a tough law on the books that means that anyone with a history of certain types of crimes will likely spend quite a number of years in jail. Known as the three strike law, this rule has the potential to impact many defendants in California’s criminal justice system.
This law is based on serious or violent felonies, which are defined under the California penal code as crimes such as murder, voluntary manslaughter, mayhem, rape, sodomy by force, any felony punishment by death or life imprisonment, attempted murder, assault with intent to commit rape or robbery, arson, robbery, kidnapping, selling certain drugs to minors, grand theft involving a firearm, carjacking, shooting from a vehicle (drive-by shootings), and continuous sexual abuse of a child. There are a number of other serious and violent felonies that are also eligible for the three strikes rule, including conspiracy to commit one of these offenses, or the commission of an offense in another state that would qualify as a serious or violent felony in California.
Undoubtedly, this law is incredibly harsh — and it is intended to be so. The legislature wanted to deter people from committing certain serious and violent crimes by creating this system where people who are convicted of dangerous crimes will face ever-increasing punishments.
However, there are ways to find relief from this sentencing scheme. A skilled criminal attorney in Los Angeles, CA can file what is known as a Romero motion, which is a “Motion to Strike Strikes.” In other words, you can ask the court to get rid one of your strikes, and take you outside of the three strikes law. Alternatively, negotiation with the prosecutor can help to avoid the three strikes law, particularly if a charge can be reduced from a felony to a misdemeanor.
If you have been charged with a felony and have a prior conviction for a serious or violent felony, you will need a highly skilled criminal attorney. In Los Angeles, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We will pursue all options to help you avoid the there strikes rule and achieve the best possible outcome for your case.
