Three Strikes Laws

Three strikes (3-strikes) is a sentencing scheme in California that dramatically increases punishment for people that are repeat offenders.

If you or someone you care about has been charged with a felony in California, and has a prior criminal record, it is critical to consult with a skilled Southern California Criminal Defense Lawyer right away.

Choose the links below to learn about Sentencing Under the Three Strikes (3-Strikes) law, what "strikes" are, and how to defend against a Three Strikes (3-Strikes) case.

Sentencing Under Three Strikes (3-strikes)

Under California law a defendant who commits any felony, that has two or more "strike" priors, must be sentenced to at least 25-years-to-life in State Prison.

Under California law a defendant who commits any felony with one “strike” prior must be sentenced to a doubled term on the current felony.

BEWARE! The current felony does not have to be a serious or violent felony; any felony will do. It is where the prior convictions are serious or violent felonies that the Three Strikes (3-Strikes) law comes into effect.

Also unique in Three Strikes (3-Strikes) cases is the reduction in "good behavior" credits. A defendant who commits a felony with one "strike" prior must serve at least 80% of their sentence in prison; good behavior credits cannot exceed one-fifth of the total prison term. Compare this to non-strike cases, where up to 50% of the sentence may be reduced because of good behavior credits.

If you or someone you care about has been charged in a Three Strikes (3-Strikes) case, please consult with a qualified California Three Strikes (3-Strikes) defense attorney right away.

What is a Strike?

A strike is a prior conviction of a serious or violent felony. They are listed in the California Penal Code. Serious felonies are listed at Penal Code Section 1192.7 (c), while violent felonies are listed at Penal Code Section 667.5 (c).

The California Three Strikes (3-Strikes) law went into effect on March 7, 1994. This means that the current felony must have occurred after the effective date to trigger Three Strikes (3-Strikes) sentencing. However, the prior strike convictions could have occurred at any time. This means that priors from before March 7, 1994 count as strikes, even though the Three Strikes (3-Strikes) law had not been implemented yet.

Defending a Three Strikes (3-Strikes) Case

A skilled California criminal defense attorney can help. The first course of action is to determine whether there is a defense to the current felony case. Only a California criminal defense lawyer can assist in making this determination. It is therefore critical that if you or someone you care about has been charged in a Three Strikes (3-Strikes) case, that you consult with a skilled California criminal defense attorney at once.

It is possible to persuade the judge to dismiss a "strike" prior, and thereby avoid a 3-Strikes sentence. This can occur before, during, or after trial, up to the time that judgment is pronounced.

It is also possible to reduce a "wobbler" to a misdemeanor, and avoid a Three Strikes (3-Strikes) sentence. A "wobbler" is a case that can be charged as a misdemeanor or a felony. Although the prosecutor may be seeking a Three Strikes (3-Strikes) sentence by charging a "wobbler" as a felony, it is possible to persuade a judge to declare the current charge a misdemeanor, and avoid a Three Strikes (3-Strikes) sentence.

Where the current felony charge is drug-related, it is still possible to persuade the judge to allow diversion, although this is a decision that should not be made without first consulting a qualified California criminal defense lawyer.

If you or someone you care about is facing California criminal charges, contact a criminal defense attorney at once.

Visit Los Angeles, Orange County and Ventura, California based Criminal Defense Lawyer Darren Kavinoky's Drunk Driving Guide website to get additional information about drunk driving (DUI / DWI) and California DUI laws and penalties.