California Three Strikes Law

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California Three Strikes Law

When Conviction Means Life in Prison

If you have been charged with a crime and have a previous criminal conviction on your record (one strike)—even if it was years ago, or even if the crime was non-violent—you could be facing a doubling of your prison sentence if you’re convicted again. If you have two “strikes” against you (two prior convictions), you could be looking at life in prison for your current crime. You need a lawyer who will thoroughly investigate your case and aggressively defend your rights. You need Shawn GeorgeWith credentials few law firms can match, Shawn George is a former Deputy District Attorney with extensive trial experience and training. The three strike system can be extremely unfair. We’ve had clients whose prior conviction was 10 years ago – they got picked up for a drug offense and are now looking at major prison time! If you have a previous conviction, our goal is to get that prior conviction reduced or dismissed.

Don’t face this battle alone. Contact the Law Offices of Shawn M. George, APC, immediately for an aggressive defense that can protect your future.

What Is California’s Three Strikes Law?

California’s Three Strikes law is one of the most severe sentencing policies in the country. The law was enacted in 1994 to deter repeat offenses by imposing stricter penalties on those with prior felony convictions. Over time, the law has undergone reforms to limit its harshest applications to serious or violent felony offenses. However, the potential consequences remain severe for those with prior qualifying convictions.

The sentencing structure follows this pattern:

  • First strike—a conviction for a serious or violent felony;
  • Second strike—a second felony conviction, whether serious, violent, or otherwise, results in double the usual sentence; and
  • Third strike—a third felony conviction, if at least one of the prior convictions was serious or violent, mandates a sentence of 25 years to life in prison.

These sentencing enhancements underscore the importance of legal representation for individuals facing felony charges.

What Crimes Fall Under the Three Strikes Law?

The law applies to individuals with prior convictions for crimes classified as “serious” or “violent” felonies. Understanding the offenses that qualify as strikes is essential for individuals facing felony charges.

Examples of violent felonies include:

  • Murder and attempted murder,
  • Manslaughter,
  • Rape and other forcible sex crimes,
  • Kidnapping,
  • Robbery involving force or a deadly weapon, and
  • Assault with a deadly weapon.

These offenses involve significant harm or the threat of harm to others and are considered the most serious under the Three Strikes law.

Convictions for serious felonies include:

  • Residential burglary,
  • Arson,
  • Carjacking,
  • Extortion, and
  • Certain large-scale drug offenses.

A third felony conviction—even for a nonviolent offense—can still result in a life sentence under the Three Strikes law. However, recent reforms allow judges more discretion to dismiss prior strikes in specific cases.

Is the Three Strikes Law Still in Effect?

Yes. Although previously modified from its original form, California’s Three Strikes law remains in effect. In 2012, voters passed Proposition 36, which introduced significant changes to how the law is enforced. Under the updated framework:

  • A third strike must now be a serious or violent felony to trigger a life sentence;
  • Inmates serving life sentences for non-serious, non-violent third strikes may qualify for resentencing; and
  • Judges have greater discretion in dismissing prior strikes when determining sentencing.

Despite these adjustments, thousands of individuals continue to serve life sentences under the original provisions. Legal assistance is crucial for those who may qualify for resentencing under Proposition 36.

Don’t let a prior conviction define your life. Act now to build a strong defense. Contact us today for a confidential consultation.

 

Legal Defense Strategies for Three Strikes Cases

A felony charge under the Three Strikes law carries serious consequences. However, several legal defense strategies may help reduce the severity of the sentence, such as:

  • Challenging the validity of prior strikes. A defense attorney may argue that a previous conviction should not be a strike if it was unlawfully obtained. Constitutional violations or procedural errors in prior cases could support this argument.
  • Negotiating lesser charges. An attorney may negotiate a plea deal to reduce the charge to one that does not qualify as a strike. This strategy can be effective when mitigating circumstances exist, such as a lack of intent or minor involvement.
  • Requesting a Romero motion. In California, judges may dismiss prior strikes if applying the law would result in an unjust sentence. Courts evaluate factors such as past offenses and evidence of rehabilitation before granting these motions.
  • Filing for resentencing. Under Proposition 36, individuals serving life sentences due to a nonviolent third strike may petition for resentencing. A successful petition could significantly reduce the sentence, but courts will assess whether the petitioner poses a continued risk to public safety.

Successfully defending against a Three Strikes charge requires an experienced legal strategy tailored to each case’s unique circumstances.

How a Criminal Defense Attorney Can Help

Legal representation is critical if you or a loved one is facing sentencing under California’s Three Strikes law. An experienced attorney can review your case, challenge prior strikes, and explore all available legal defenses to reduce your sentence or avoid a life term.

At The Law Offices of Shawn M. George, we understand the high stakes involved in Three Strikes cases. We fight aggressively to protect clients’ rights, challenge unjust sentences, and ensure fair legal treatment. If you need legal representation, contact us today for a confidential consultation.

If you’ve been charged with any of these crimes, call us at 916-605-6212.

  • Murder, aggravated assault, assault with a deadly weapon;
  • Sexual assault, rape, child molestation;
  • Drug sales, trafficking, manufacture, transportation, possession for sale;
  • Domestic violence; or
  • Burglary, auto theft, carjacking.

We work with a licensed private investigator to get the facts in your case. A thorough review of your case can make a difference and pay off in successful results.

Get the Legal Defense You Deserve

California’s Three Strikes law remains one of the toughest sentencing policies in the country. However, with the right legal strategy, you may be able to fight back. If you or someone you know is facing a potential third strike, do not wait—seek legal counsel immediately. If you are facing criminal charges, don’t talk to the police first. Talk to us. Contact us today to discuss your options and start building a strong defense.