The Stringent Effects of The Three Strike Law

One can only hope to never be charged with a crime, let alone a crime that qualifies as a “strike.”  California’s Three Strikes law is an extremely harsh sentencing scheme for people charged and convicted of certain types of crimes.  While there are similar laws in other States, California’s Three Strikes law has some of the most severe restrictions and consequences.

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A “strike” crime is any felony that qualifies as a “serious” or “violent” offense pursuant to PC1192.7(c) and 667.5(c), respectively. Examples are robbery, burglary, assault with a deadly weapon, murder, rape, child molest, and terrorist threats.  Strikes can impact a person’s case, sentencing, custody credits, and rights in many ways.

A conviction for a serious or violent felony is a strike even if it did not result in a prison sentence.  A single prior strike will mandate state prison and double that person’s sentence upon a subsequent felony conviction.  Two or more prior strikes will create a potential LIFE sentence upon any subsequent felony conviction (“Three Strikes”).

Case law regarding Strike cases

Until recently, under the Romero case, Judges have had the discretion to strike strikes from charges filed by prosecutor prior to a plea or sentencing based upon documented mitigating circumstances allowing the person to avoid the “doubling” of his/her sentence or, more importantly, avoid a potential 25yrs to LIFE.

However, recent case law has taken that discretion away from the Judges case plea, which will have a negative impact on the resolution of cases at an early stage of the as well as on the length of sentences and prison overcrowding.  This will in turn directly affect you or your loved one charged with a “strike” crime.

To navigate through a “strike” crime case successfully, one must be sure to have a criminal defense attorney who is well-versed with the laws involving “strike” crimes and the Three Strikes law.

Get the competent representation you will need for your defense.  Wallin & Klarich have been Three Strikes Law defense attorneys since the inception of the Three Strikes law in 1994.  Contact the attorneys at Wallin & Klarich to represent you in this difficult and stressful time in your life. Visit our website at, www.wklaw.com and feel free to call us at 888-749-0034.  We will be there when you call.