California’s Three Strikes Law is one of the toughest sentencing guidelines in the state, designed to target repeat offenders. This law significantly increases prison sentences for individuals convicted of multiple serious or violent felonies. For those facing charges under the Three Strikes Law, the consequences can be life-altering, including potential life imprisonment.
At KN Law Firm, we offer experienced legal representation to individuals in Glendale, Los Angeles, and surrounding cities. If you or a loved one is facing charges under this law, contact us for a free consultation at (888) 950-0011. We are available 24/7.
What is the California Three Strikes Law?
The Three Strikes Law mandates enhanced penalties for repeat felony offenders. It operates under a tiered system:
- First Strike: A conviction for a serious or violent felony counts as a “strike” on a person’s record. These offenses include crimes such as murder, rape, robbery, and certain types of assault.
- Second Strike: If a person with one prior strike is convicted of a second serious or violent felony, their sentence is automatically doubled. For example, if the second felony normally carries a sentence of 5 years, it becomes 10 years under the law.
- Third Strike: If someone with two prior strikes is convicted of a third serious or violent felony, they face a mandatory sentence of 25 years to life in prison. This can apply even if the third felony is non-violent, although reforms have been made to reduce harsh penalties for non-serious third offenses.
Offenses That Count as Strikes
California law identifies certain crimes as strikes, including but not limited to:
- Murder or attempted murder
- Rape
- Robbery
- Assault with a deadly weapon
- Burglary of an inhabited dwelling
- Kidnapping
- Carjacking
These offenses are considered serious or violent, and any conviction for these crimes could result in a strike on your record.
Impact of the Three Strikes Law
The Three Strikes Law is designed to punish repeat offenders, leading to:
- Harsher penalties: As mentioned earlier, second and third strike offenders face increased prison sentences, with third strikes often resulting in life imprisonment.
- Limited parole options: In many cases, those convicted under the Three Strikes Law serve longer sentences before becoming eligible for parole.
- No probation: Judges are generally not allowed to offer probation to second or third strike offenders, making a conviction under this law even more severe.
Defense Strategies for Three Strikes Cases
At KN Law Firm, we understand the gravity of cases involving the Three Strikes Law and are dedicated to providing a robust defense. Potential defense strategies include:
- Challenging the validity of prior strikes: We may argue that prior convictions should not count as strikes, particularly if the previous case lacked sufficient evidence or if it was resolved with a lesser offense.
- Plea Bargaining: In some cases, we can negotiate a plea deal to a lesser offense that does not count as a strike.
- Reduction of Third Strike: With recent reforms, certain non-violent third strikes may be reduced, sparing individuals from a life sentence. We carefully examine every case to see if this option is available.
Reforms to the Three Strikes Law
California voters approved Proposition 36 in 2012, which modified the Three Strikes Law to reduce the impact of a third strike for non-violent offenders. This change means that individuals convicted of non-violent third felonies may avoid life sentences in some cases. However, the original law still applies to those convicted of violent or serious third felonies.
Frequently Asked Questions
1. Can my third strike be reduced to a lesser charge?
Yes, depending on the nature of the third felony and your prior criminal history, we may be able to negotiate a reduction in charges, avoiding the harsh penalties of a third strike.
2. What if one of my prior strikes is from another state?
Out-of-state convictions can count as strikes if the crime is comparable to a serious or violent felony in California. Our legal team will examine whether your out-of-state conviction should qualify.
3. Can a strike be removed from my record?
In some cases, a prior strike can be challenged or reclassified under reforms like Proposition 36. We will review your case and past convictions to explore whether this is an option.
Contact KN Law Firm for Expert Legal Defense
Facing charges under California’s Three Strikes Law can lead to devastating consequences, but you don’t have to face them alone. At KN Law Firm, we are committed to providing skilled legal defense to clients in Glendale, Los Angeles, and surrounding areas. Our experienced attorneys will fight to protect your rights and work towards the best possible outcome for your case.
Call us at (888) 950-0011 for a free consultation today. We are available 24/7 to discuss your case.