What Is California’s Three Strikes Law?
In California, the three strikes law means that after three qualifying convictions, you can face a mandatory sentence of 25 years to life. The infamous law increases penalties for repeat violent felons. A second strike can double the length of your sentence, while a third conviction can result in a sentence of life in prison.
However, due to recent legislative updates some crimes are no longer considered for enhanced penalties under California’s three strikes law. The changes could also mean that your loved one is be eligible for a sentence reduction.
What Crimes Count Towards California’s Three Strikes?
Sentence enhancements under California’s three strikes law are based on violent or serious felonies. Violent felonies that can count as a strike against you include:
- Murder
- Voluntary manslaughter
- Arson
- Kidnapping
- Rape
- Carjacking
- Sodomy by force
- Extortion
Similarly, serious felonies can also lead to a strike, including:
- Robbery
- Selling hard drugs to a minor
- First-degree burglary
Additionally, any crime where you personally used a firearm or inflicted great bodily harm can be considered a strike against you. If you were or are a juvenile, you must be at least 16 when the crime occurred to receive a strike. There is also a more limited list of crimes that count as strikes against juveniles.
Finally, convictions for similar offenses in states other than California can count as prior strikes if you are accused of another crime in California.
What Does a Strike Mean?
There is no extra strike enhancement if you are convicted of your first violent or serious felony. A first strike only puts you on notice that future crimes may have more severe consequences.
However, a second strike can result in an immediate doubling of the typical sentence. For example, if you were given a strike for robbery at 18 and you fully served your sentence, you can be treated as a second striker if you are arrested for carjacking. Upon conviction, the standard carjacking sentence would be doubled.
Though there are additional punishments for a second strike, the third strike against you is crushing. A third strike conviction for a qualifying offense leads to a sentence of 25 years to life in state prison, regardless of the usual penalty for this type of crime.
Even if you are charged with a non-qualifying crime, your sentence can be doubled if you have two prior strikes. For example, if you have two strikes against you and are charged with selling non-hard drugs, you might not face 25 to life for a conviction, but you will have the typical punishment for sale of a controlled substance doubled.
Can You Have Prior Strikes Dismissed?
Depending on your age, how long ago the strikes occurred, and what crimes you were convicted for and now accused of, you can ask for prior strikes to be removed. A judge has the ability to dismiss earlier strikes in the interest of justice. Additionally, prosecutors have discretion to not treat you as a second or third striker.
Arguing against a previous strike requires the skills of an experienced defense attorney. If you have prior convictions in Orange, California, and are facing a second or third strike charge, the skilled criminal lawyers at Chambers Law Firm can argue that a lighter sentence is warranted. Setting up a no-cost initial consultation is as easy as calling 714-760-4088 or emailing dchambers@clfca.com.
