Third Strikes

History Behind the Law

In 1994, the California Legislature enacted the Three Strikes Law, thereby creating one of the harshest sentencing schemes in the country for repeat felony offenders who committed “serious” or “violent” offenses after the “freeze date” of June 30, 1993. 

In 2000, the California Legislature enacted Proposition 21 which changed the Three Strikes Law “freeze date” to March 8, 2000, and expanded the definition of a strike, to include new offenses such as, all forms of assault with a deadly weapon or force likely to create great bodily injury, witness intimidation, and shooting a firearm from a vehicle. 

Three Strikes Law: Harsh Penalties for Repeat Offenders

The Three Strikes Law is an alternative sentencing scheme for repeat offenders which imposes the following possible penalties:

First Strike

For a first strike conviction, the court will impose a sentence, and any applicable enhancements, just like with any other type of felony conviction.  It is the future consequences of this first strike conviction which can be devastating.

Second Strike

If an accused commits any felony after he/she has been previously convicted of one “serious” or “violent” felony, then the Court must:

1. sentence the defendant to twice the normal amount of prison time as prescribed by law; and
2. the defendant must serve at least 80% of the sentence. 

For strikes that are proved, or admitted, the Court is also prohibited from granting probation, or diversion, which means that the accused must serve state prison time.

Third Strike

If an accused has previously been convicted of two or more “serious” or “violent” felonies then he/she is sentenced to a life sentence with the possibility of parole.  The minimum term of the life sentence is calculated as the greater of the following:

1. Three times the normal term;
2. 25 years-to-life; or
3. The term determined by the court pursuant to other sentencing law.

What defines a “serious” or “violent” felony, under the Three Strikes sentencing scheme, is defined in California Penal Code §667.5(c) and §1192.7(c). 

Some common “serious” and/or “violent” felony charges include:

• Murder
• Rape
• Oral copulation by force
• Lewd or lascivious act with a minor (child molestation)
• Robbery
• Carjacking
• Assault with a deadly weapon
• Arson
• Any offense where a defendant inflicted great bodily injury on another person
• Any offense where a defendant personally used a deadly weapon or firearm

Contact an Experienced Three Strikes Attorney

Although, three strikes criminal cases may appear daunting, there are many ways that an aggressive, skilled criminal defense lawyer can fight your strike case, or negotiate for your prior strike conviction to be stricken from your criminal record.  If you, or a loved one, has been accused of a strike offense, or of having a prior strike conviction, then you need a top-rated criminal defense attorney to fight your case.  Call the Law Offices of Karen L. Goldstein today for a free, confidential consultation: (888) 445-6313.