The California three strikes law

California enacted a “three strikes law” in March of 1994 that dramatically increases punishment for those who repeatedly commit “serious or violent felonies”. Many sex crimes constitute serious or violent felonies, which means that, under this law, a twice-convicted sex offender could face life in prison if he or she commits any subsequent felony offense. This is simply one reason why it is critical that an individual accused of a felony sex crime immediately contacts an experienced criminal defense lawyer who specializes in California sex crime defense and who knows how to successfully challenge this law.

Under the California 3 strikes law, sex offenses that are serious or violent felonies count as a “strike,” even if they were committed prior to the enactment of the three strikes law, committed in another state or committed as a juvenile. When an individual is charged with a felony (any felony, not just a serious or violent one) and has a prior “strike” on his or her record, he or she will be referred to as a “second striker” and his or her sentence in the new case will be twice the term otherwise required by law. When an individual is charged with a felony – again, any felony – and has two prior “strikes” on his or her record, he or she will be referred to as a “third striker” and will serve a minimum mandatory sentence of 25 years to life in the state prison.

There are ways to defend against this sentencing scheme, but only a skilled criminal attorney knows how to effectively do so. The unparalleled defense attorneys at The Kavinoky Law Firm have mastered the California laws that relate to sex crimes in an effort to provide the most comprehensive and vigorous defenses for their clients. They keep up-to-date on this ever-changing area of the law, which includes the latest evidentiary rulings, policy debates and cutting edge trial strategies.

When a client of The Kavinoky Firm faces a third strike offense, the first line of attack is the pending charge. The attorney will aggressively defend against the allegation to either acquit his or her client, to have the case dismissed or, at the very least, to try to reduce the charged offense. In a case where the open charge is a wobbler, the savvy lawyer knows the most effective ways to convince a judge that it should be sentenced as a misdemeanor, which avoids the California three strikes law. The qualified attorney also knows what arguments are most likely to persuade a judge to dismiss a prior “strike” to similarly avoid a 3-strikes sentence. It should be noted that although the decision as to how to charge a wobbler lies in the hands of the prosecutor, it is ultimately the trial court that has the authority to reduce a felony charge to a misdemeanor at the time of sentencing.

California’s three-strike law demands that anyone accused of a wobbler or felony sex offense hires an exceptional criminal attorney to defend against the severe penalty that this law imposes. This unfair, indiscriminate sentencing scheme allows a relatively minor misdemeanor sex offense to transform into a felony at the discretion of the prosecutor, which could result in a permanent strike on an individual’s record or worse, in a lifetime prison sentence.

With law offices in Los Angeles and throughout California, The Kavinoky Law Firm is conveniently located for anyone in need of an outstanding California sex crime defense attorney. To best avoid these devastating consequences, contact them today for a free consultation, for the most trusted legal advice and for unsurpassed representation.