The Three Strikes Law has been altered, but it still exists.
For decades, California was known as the state that was seriously “tough on crime.” One of the main reasons for this reputation was its “Three Strikes” law, which was hailed as a way to stop individuals from becoming repeat offenders. In simplest terms, the law would allow judges to sentence a person to 25 years to life if they were convicted of a third “strike” — a serious or violent felony.
In practice, the Three Strikes Law, which was passed in the 1990s, did not end crime in California or even stop people from committing repeat offenses. Instead, it led to overcrowding in California state prisons. In many cases, people were given a harsh 25 years to life prison sentence for a relatively minor crime, such as petty theft. Fortunately, in recent years, the law has changed significantly.
To understand the three strike system and how it has changed, you will first need to learn convictions are considered a “strike.” As a criminal defense attorney Los Angeles, CA can explain, a prior conviction is a strike if it was for a serious or violent felony as defined by the California Penal Code. This includes crimes such as:
- Murder
- Mayhem
- Rape
- Residential burglary or robbery
- Any felony in which great bodily injury is inflicted on the victim
- Felony in which a gang enhancement is sustained
- Felony in which the defendant personally used a firearm
In some situations, juvenile sustain petitions (a conviction in juvenile court) can count as a strike if (1) it is a serious or violent felony under the California Penal Code; (2) the crime is listed in the California Welfare and Institutions Code 707(b) and (3) the person was at least 16 years old when the offense occurred.
Importantly, a person can obtain more than one strike from a single court proceeding. Out-of-state convictions can also be counted as strikes.
Under the original three strikes law, if a person was convicted of any felony and had two or more prior strikes, then they would be sentenced to at least 25 years to life in state prison. However, after the passage of Proposition 36 in 2012, this is no longer the case. According to a criminal defense attorney Los Angeles, CA, a third offense will only trigger this sentence if the third offense is also a “strike” offense.
However, if a person has two strikes and is convicted to a third, non-strike offense, they will still receive an enhanced sentence. They will receive a sentence of twice the normal sentence for the conviction for the third offense.
The three strikes law is complicated, particularly with the changes in the law over the years. Because there is a possibility of a significantly higher sentence if you have been charged with a strike offense, it is important to hire a criminal defense attorney Los Angeles, CA to defend you against the underlying offense. Doing so can help you avoid the possibility of an enhanced sentence — including a 25 year to life prison sentence — in the future.
At the Chambers Law Firm, we represent clients who have been charged with a range of crimes, including serious and violent felonies. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
