Blair Defense Criminal Lawyers | August 9, 2018 | Felony Charges

Have you ever heard of the three-strikes law when it comes to sentencing? These types of laws fall under the Violent Crime Control and Law Enforcement Act of 1994. Three strikes provide mandatory life imprisonment in certain scenarios, which is something that you want to avoid at all costs when it comes to your case. You might be facing life imprisonment if you have been convicted for a ‘serious violent felony,’ or have two or more previous convictions in federal or state courts, one of which was serious in nature.

These laws can have a significant impact on you for the rest of your life, so you want to know everything you possibly can about the three-strikes law.

How Exactly Does The Three Strikes Law Work?

California’s three strikes law is designed to significantly increase penalties for those convicted of multiple serious or violent felonies. Not all felonies meet the criteria to be considered a “strike” under California law.

For Second Strikers

If you have one prior strike and are convicted of a new felony, your sentence will typically be doubled from what it otherwise would be. This means if an offense normally carries a 10-year prison sentence, a second striker would face 20 years.

For Third Strikers

If you are convicted in California of a third “strike” – that is, a new serious or violent felony – you face an automatic prison sentence ranging from 25 years to life. The law can apply even when the third felony would not, on its own, result in a life sentence.

The harsh reality of this law makes it absolutely essential to work with a criminal defense attorney as soon as possible if you’re facing a serious or violent felony charge.

What Qualifies as a Violent Felony?

Here are some different things that qualify as a serious violent felony and could permit you to fall under the rulings of the three strikes law:

Over the years, the three-strikes law has been a matter of controversy in a matter of states. This is because many people believe that sentencing somebody to life in prison after the third strike is unconstitutional, even if a threat is posed. In some cases, judges and officials have said that somebody who stole videotapes three different times could physically be sentenced to 50-100 years in prison for something that is worth only a few dollars. This is why it is helpful to have an attorney on your side if you are facing charges for a third time for a crime that you have previously been convicted of. It’s time to act so that you can protect your rights.

If you believe you are subject to the three-strikes law, you need immediate legal help.

Defending Against the Three Strikes Law

If you’re facing a charge under California’s Three Strikes Law, presenting a Romero motion can be an essential step in your defense strategy. Named after the 1996 Supreme Court case People v. Romero, this legal move asks the judge to dismiss prior strike(s) if it is “in the interest of justice.” 

Attorneys representing defendants often argue that treating their client as a striker would not serve justice for one or more of the following reasons: 

Length of Time Since the Prior Strike Occurred

Perhaps a significant amount of time has passed without further criminal behavior. In that case, it suggests the defendant may have become less of a threat to society or has shown signs of rehabilitation and personal growth since their prior strike offense.

Client’s History

Courts may consider the circumstances surrounding prior offenses, including the defendant’s social background, mental health, and efforts at rehabilitation.

Facts of the Current Charge

The particular details and context surrounding the most recent offense might show that it is neither proportionate nor just to impose a severe sentence. 

Courts are unsurprisingly more receptive to Romero motions when the prior strike crimes were nonviolent and occurred a considerable time ago. The judge will balance the protection of public safety with principles of fairness and proper punishment.

Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today for Help

For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation with our legal team in our convenient location in California. We proudly serve San Diego County and its surrounding areas.

Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
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