What is California’s Three-Strike Law?

Posted on: August 20th, 2024 by Dod Law

California instituted a Three-Strike law to punish repeat offenders convicted of several violent or serious felonies. The Three-Strike law dictates that anyone convicted of three violent, felony-level crimes may face between 25 years to life in prison.

This law also imposes serious consequences on “second strikers,” or people facing a second violent felony conviction. The second-strike elements of the law double the sentences that second strikers face. While the law intends to discourage felony-level behavior, it can wrongfully punish people targeted by police officers or bias. Fortunately, Dod Law is here to help.

What is a Strike in California?

California’s strikes describe individual felony convictions. If you find yourself convicted of a violent felony or a serious felony, you may have a strike on your criminal record. Some of the most common crimes to result in a strike include the following:

• Arson
• Kidnapping
• Carjacking and grand theft auto
• Murder
• Involuntary manslaughter
• Rape
• Extortion

The personal use of a firearm may also constitute a serious felony, depending on the circumstances that led a person to use the firearm in the first place.

What Are the Consequences of a Third Strike?

California’s strike policy doesn’t invalidate the severity of its first two strikes. However, after a third strike, the recipient may have to spend between 25 years and life in prison, even if that third offense isn’t a felony.

Instead, there are specific third strikes that may encourage California’s criminal courts to invoke its policy. These include the possession of illegal drugs and drug offenses, felony sex crimes, the use of a deadly weapon, or the intention to inflict bodily harm on another person.

Notably, if you’re not facing a third felony conviction, your future is still at risk. However, California’s civil courts may not opt to give you a third strike. Instead, they may refer to your criminal history when doubling the amount of time you spend in jail. You can discuss the possible effects of your criminal history on an upcoming case with a criminal defense lawyer.

How Can You Challenge Your Third Strike?

You can take advantage of several different strategies to challenge a third strike in California. You can submit a not-guilty plea before taking your case to criminal court. You can also work with a criminal defense attorney to have the charges brought against you reduced.

No matter what defense you choose to use in your fight to remain free, you need evidence to help you make your claim. A criminal defense attorney can use anything from expert witness testimony and video footage to electronic evidence to call a prosecutor’s findings into question.

A concentrated attack against the prosecutor’s alleged findings can help you avoid a third criminal conviction.

Can You Appeal Previous Strikes?

You also have the right to challenge your previous strikes. Some judges are willing to remove previous strikes courtesy of the Romero motion. If the law undergoes a notable change, you can ask a judge to reconsider your previous sentence under a new understanding of California legislation.

When Are You a Third Strike Defendant?

It’s not always easy to know whether or not you’re on your third strike in California. A criminal defense attorney at Dod Law can take a closer look at your criminal history to let you know what kind of risk you face under California’s Three-Strike law. 

If you have two prior convictions for serious felonies on record and are facing accusations of a third, it’s time to fight for your freedom. You can work with Dod Law to challenge the charges you’re currently dealing with to avoid life in prison.

It’s Time to Call an Experienced Criminal Defense Attorney

If you have previous felony convictions on file and find yourself facing a third, do not wait to contact a criminal defense attorney. You need skilled representation if you want to protect yourself from a life sentence.

Fortunately, Dod Law has spent years helping people in your shoes challenge wrongful felony convictions. You can work with our team to fight back against the court’s charges. Are you ready to learn more? Call us at our San Diego office (619) 814-5110 | Vista office (760) 814-6025 or schedule an appointment by filling out our online contact form to discuss the best way forward.