The California three strikes law was established 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 a three strikes crime, they are going to determine whether or not they have a history of violent felonies or a history of repeatedly committing crimes.
The three-strikes law in California is meant to stop career criminals from continuing to commit crimes. Any residential burglary in California is a serious felony, and if convicted, it’s a strike on their record for the rest of their life. If there is a person present during a burglary that happens to be in the home, that offense makes it a more serious charge. That offense would be a violent felony and a strike. Anytime that a person serves at 85% in prison, it is also a strike. A person is more likely to be sent to prison if convicted due to the presence of a person during a burglary.
Can Someone Have Robbery Or Burglary Charges Removed Or Sealed From Their Records In California?
When a robbery charge is involved, the offender is unlikely to ever get it removed or sealed from their record in California. It’s important to try and get a lesser charge or offense when someone’s charged with robbery. A lesser offense can sometimes be charged if the defense can relate it to an offense that is not in the same high category as a robbery. There’s no such thing as a misdemeanor robbery. Robbery is a felony. If you’re convicted of robbery, that’s a strike. It’s on your record forever in California, and you’re looking at prison time that has to be served at 85% of the time. The felony would also be served in prison and not in a county jail.
However, if a minor is under the age of 16, they can avoid a strike if they committed a robbery or burglary. If the juvenile is 16 years and older, they cannot avoid a strike on their record. If you have been arrested for robbery or residential burglary, it’s crucial to hire a criminal defense attorney to represent you. Your criminal defense attorney can help you avoid a robbery conviction and prison by creating an aggressive mitigation package that will produce the best possible result.
Serious or Violent Offenses in San Fernando Valley. CA
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. A juvenile conviction could also qualify as a strike.
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.
Out-Of-State Felony Conviction and 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 crime of 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.