Three-Strikes Law

One of the toughest sentencing laws in the country, California’s Three-Strike Law can result in years being added onto your sentence. And may even result in life in prison for repeat offenders who face even minor charges.

Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing three-strike’s violations throughout Orange and Los Angeles counties.

The law doubles the sentence for second strikes and requires those convicted under the law to serve their time in prison – making them ineligible for alternative sentencing measures. Convicts can be required to serve at least 85 percent of their prison sentence before release. Strikes can be assessed for juvenile crimes and it’s a case of three strikes and you’re in prison – for 25 years to life.

Santa Ana Defense in Three-Strikes Cases

First and foremost, California’s Three-Strikes Law makes it vital to aggressively defend all strike crimes. While probation may result from even a serious crime on first offense – adding that strike to your criminal record significantly elevates your risk for the rest of your life.

An experienced Orange County criminal defense lawyer may be successful in striking a strike. In other words, it may be possible to remove a strike from your record. A judge can determine whether a defendant deserves sentencing under the law. And a defense attorney may file a Romero Motion, requesting a strike be removed.

In other cases, a defense attorney must either beat the charge or successfully fight to have it reduced to a misdemeanor in order to shield a client from the consequences of a strike conviction.

The consequences of sentencing under the law can be severe:

  • If a person who has two or more strikes on their record is convicted of any felony, he or she must be sentenced to 25 years to life in prison. This is true even for non-violent offenses, including receiving stolen property or drug possession.
  • Those sentenced on a second strike must be sentenced to double the term on the current conviction.
  • Strikers must serve up to 85 percent of their sentence, compared to 50 percent for non-strike defendants credited with good behavior.
  • Sentences in strike cases must be served consecutively (one after the other) rather than concurrently (at the same time).
  • Eliminates a defendant’s eligibility for probation.

Strike Crimes for Violent Felonies

  • Murder
  • Mayhem
  • Voluntary Manslaughter
  • Sodomy
  • Rape
  • Lewd Acts Child Under 14
  • Robbery
  • Arson
  • Attempted Murder
  • Extortion
  • Kidnapping
  • Carjacking
  • Burglary

Strike Crimes for Serious Felonies

  • Assault
  • Assault with a Deadly Weapon
  • Certain Drug Sales to Minors
  • Grand Theft of Firearm
  • Gang Crimes
  • Discharging Firearm at an Inhabited Dwelling
  • Shooting from a Vehicle
  • Criminal Threats
  • Attempting to Commit Certain Felonies

In cases involving juveniles, a conviction can count as a strike if it’s listed as an adult strike crime, is listed in the California Welfare and Institutions Code and if the defendant is at least 16 years or age.

Out-of-state convictions may also count as strikes. And a defendant may accumulate more than one strike through a single court proceeding.

If you are facing a strike charge in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.

Orange County Criminal Defense – 888-529-2188