714-997-4400PRACTICE AREAS
Three-Strikes Cases
Three Strikes Defense Lawyer
California’s “three strikes” law is one of the most stringent sentencing laws in the United States. Originally designed to impose harsher penalties on repeat offenders, the law has faced criticism for its perceived inequities. However, it remains in effect and continues to have a significant impact on individuals charged with a strikeable offense.
If you or a loved one is facing charges that could lead to a third strike under California law, it’s crucial to have experienced criminal defense representation with a seasoned three strikes defense lawyer. A conviction under this law can result in devastating long-term consequences. This includes a potential sentence of 25 years to life in state prison.
California Three Strikes Law
The three strikes law applies to those convicted of serious or violent felonies. If an individual is convicted of a felony and has two prior felony convictions for serious or violent crimes, a third felony conviction — even if it’s not considered a “strikeable” offense — can lead to a 25 years to life sentence in state prison.
First Strike: When someone is convicted of a serious or violent crime, they receive their first strike. Examples include murder, robbery, or certain drug offenses. This means that their criminal history will affect future sentencing if they are convicted again.
Second Strike: If an individual with one strike is convicted of another felony, the second strike automatically increases the sentence for the new felony by at least twice the normal sentence. For example, if the sentence for the second felony is typically 6 years, the defendant could be sentenced to 12 years in state prison.
Third Strike: The third strike is where the law becomes particularly harsh. If someone with two strikes is convicted of a third felony (even one that is not a strikeable offense), they face a mandatory sentence of 25 years to life in prison. This can apply even if the third felony does not involve violence or other circumstances typically associated with “strikeable” offenses.
Defense Against The Three Strikes Law
California’s three strikes law presents serious challenges. However, legal strategies and defenses can reduce the impact of the law on an individual’s case. Having a skilled criminal defense attorney who really understands this law is crucial. Here’s why it’s essential to have experienced legal representation:
- Challenging Prior Convictions: In some cases, prior convictions used as strikes can be contested. A defense attorney investigates whether the previous offenses were properly classified as strikes. They identify whether any legal errors were made during the original convictions.
- Motion to Strike Strikes: In some circumstances, defense attorneys can file a motion to strike one or more strikes from the record. This can be done if it is deemed to be in the furtherance of justice. This depends on the individual’s rehabilitation or the circumstances of their prior convictions.
- Reducing Charges: A skilled criminal defense lawyer may be able to negotiate a plea deal to reduce the severity of the charges or avoid a third strike altogether. In some cases, the attorney may be able to prove that the third felony does not warrant a life sentence. They can work to achieve a more reasonable outcome.
- Challenging the “Strikeable” Nature of an Offense: Not all felonies are considered strikeable offenses. A criminal defense attorney can challenge whether the new felony qualifies as a “strike,” potentially reducing the severity of the sentence.
- Protecting Your Future: The three strikes law can impact your family, your ability to find work, and your future freedom. A defense attorney fights to ensure that you receive a fair trial. Additionally, they work towards minimizing the long-term consequences of the charges.
Let a Three Strikes Attorney Defend Your Rights
Being charged with a crime that could lead to a third strike is a life-altering event. You need an experienced criminal three strikes defense attorney to help defend your rights and challenge the charges against you.
At the Law Office of Ronald G. Brower, we specialize in defending individuals affected by the three strikes law. We are committed to exploring all possible defense strategies to protect your future. Whether it’s challenging prior convictions, filing motions to strike strikes from your record, or negotiating for reduced charges, we will fight aggressively to help you avoid the harsh penalties of the three strikes law. Contact us today to schedule a consultation and begin building a defense that could change the course of your case.