The three strikes law was established in California almost 25 years ago and is designed to punish career offenders while protecting society from them, especially those who commit serious or violent crimes and pose a true threat to others. When judges evaluate whether or not someone falls under the auspices of the three strikes law, they are going to determine whether or not they have a history of violent felonies or a history of repeatedly committing crimes.
Each time someone commits a serious or violent offense subject to this law, they will receive a strike. If someone receives a second strike, then their sentence will be doubled and they will have to serve a higher percentage of the sentence. For example, if someone commits a violent felony, then they may have to serve 85 percent of the sentence in jail rather than 50 percent. The three strikes law has changed over the course of last 25 years, but most felonies qualify. If someone receives three strikes, they will be facing 25 years to life in prison.
As a criminal defense attorney who represents individuals at risk of being subject to the three strikes law, I consider the facts and circumstances of a person’s criminal history and make the argument that one or more offenses should not be considered or that the individual should not fall under the auspices of this law. Anyone who is at risk of being sentenced in accordance with the three strikes law should obtain an attorney who understands the history of this law and can successfully fight these cases.
Does An Out-Of-State Felony Conviction Count As A Strike Under California’s Three Strikes Law?
Out-of-state and federal convictions can count as strikes under California’s three strikes law if they have the elements and meet the standards of a California-based case that would be subject to the three strikes law. For example, if someone committed a federal bank robbery or a bank robbery in New York, it would count as a strike even though it didn’t occur in California.
The types of offenses that count as strikes under the three strikes law are listed within the California penal code. Some violent felonies require serving 85 percent of the sentence, and other serious felonies require serving 80 percent of the sentence. The felonies listed in the penal code are not run-of-the-mill criminal cases; they include murder, arson, rape, robbery, criminal threats, and intimidating a witness. With the possibility of facing 25 years to life in prison after receiving three strikes, it is important to obtain a defense attorney who knows this law like the back of their hand and knows how to file a Romero motion whereby a judge may strike a strike in order for the defendant to avoid the harsh penalties that accompany the three strikes law.
For more information on The Three Strikes Law In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.