California’s “three strikes and you’re out” law has been one of the harshest sentencing schemes in the country for many years. In fact, one in four inmates in the state’s over-crowded prisons are serving a second or third strike sentence.
What Is the “3 Strikes Law”?
California voters approved a ballot initiative in 1994 known as “Three Strikes and You’re Out.” Under this original version, state courts were required to hand down mandatory and extended prison time to individuals who are found guilty for any third time offense, even if it was nonviolent.
In 2012, the law was reformed to include that there will no longer be a mandatory 25-years-to-life for “strikers” whose third strike is not “serious” or “violent” felony.
This means that if you are convicted of a crime that the judge considers being a serious offense, it will be considered as a strike on your record. If you accumulate three strikes, you will face mandatory prison time. In certain cases, the sentence may be made harsher to account for any leniency you may have previously received.
What Is Considered a “Strike”?
In order for a criminal action to be counted as a “strike,” it must be a serious or violent felony. It should also be noted that the judge may include convictions from other states, federal convictions and certain juvenile convictions when adding up “strikes” against you. Moreover, the judge also has discretion to elevate a misdemeanor charge to a “strike” if you have prior felony convictions.
Some examples of strikes include:
– Arson
– Murder
– Rape
– Robbery
– Home invasion
– Assault with a deadly weapon
– Kidnapping
– Drug trafficking
– Any other felony that carries a life sentence in prison
Your Los Angeles criminal attorney can provide you with a complete list of criminal actions that may be considered a strike, as listed under California Penal Code, Sections 1192.7(c) and 667.5 (c).
Contact Us
If you or a loved one is facing a 3 Strikes case, you should consult an attorney that has experience in the field of Criminal Law, someone you can trust, and someone who has proven to be effective.
For more information or to schedule a complimentary Los Angeles criminal defense attorney Simon Aval, please call (800) 209-9808 or complete our online form.