California Three Strikes Lawyer

“The Three Strikes law . . . became effective March 12, 1994.”

“A defendant convicted of ONE PRIOR ‘STRIKE’ . . . his sentence will be doubled.”

“TWO OR MORE PRIOR ‘STRIKE’ convictions . . 25 years to life.”

“Court’s Authority to Disregard Prior ‘Strike’ Conviction. People v. Superior Court (Romero) . . . the trial court has discretion to strike (dismiss) a prior ‘strike’ allegation in the interest of justice.”

“Although reluctant, judges will dismiss ‘strike’ prior ‘strike’ convictions if the attorney . . . can sufficiently articulate to the trial court that his/her client falls ‘outside the spirits of the three strikes law'”

The Three Strikes law, enacted by the legislature [AB 971 (1994)] became effective March 12, 1994. It states that if a defendant is found guilty of a felony and he has been previously convicted of a ‘serious’ [list of crimes defined as ‘Serious’ may be found under Penal Code Section 1192.7] and/or ‘violent’ [list of crimes defined as ‘violent’ may be found under Penal Code Section 667.5(c)] , he will be subjected to additional punishment in accordance with the guidelines set forth under the ‘three strikes law’ proposition.

If a defendant has been previously convicted of ONE PRIOR ‘STRIKE’ (serious and/or violent felony) conviction, if found guilty of the present felony, he must be sentenced to state prison, and his sentence will be doubled.
If a defendant has been previously convicted of TWO OR MORE PRIOR ‘STRIKE’ convictions, he/she will be subjected to a term of imprisonment for 25 years to life.

If you have been charged with a crime and have a prior conviction that is deemed a ‘strike’, it is imperative that you seek legal help. A skilled Los Angeles criminal defense attorney may be able to have the court disregard your prior strike or strikes. Our Law Offices have been successfully defending three strike cases for over 10 years. Mr. Simon Aval is a certified criminal law specialist. You deserve a specialist on your side in court. Without professional assistance, you could face life in prison.

Court’s Authority to Disregard Prior ‘Strike’ Conviction
In the year 1996, the infamous ROMERO case, People v. Superior Court (Romero) was held wherein it stated that the trial court has discretion to strike (dismiss) a prior ‘strike’ allegation in the interest of justice. The standard set forth for the trial court to consider is whether “in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background character, and prospects, the defendant may be deemed outside the scheme’s spirit, in whole or in part, and hence should be treated as though he had not previously been convicted of nor or more felonies and/or had not previously been convicted of nor or more serious and/or violent felonies.”

Although reluctant, judges will dismiss ‘strike’ prior ‘strike’ convictions if the attorney for the defendant can sufficiently articulate to the trial court that his/her client falls ‘outside the spirits of the three strikes law’. The factors that the courts take into consideration are including but not limited to (1) how old is the prior conviction? (2) what has the defendant been doing since that conviction? (3) was the defendant properly employed and a law-abiding citizen between his prior conviction and his present arrest? (4) what was the nature of the prior conviction? (5) what is the nature of the present felony?

If you or a loved one have been charged with a second or third strike, our Los Angeles criminal defense attorneys can help fight for you. Having a prior strike disregarded by the court can save the defendant many years in prison. Do not leave your freedom to chance. Call us today at 800-209-9809 or fill out our contact form for a FREE consultation.