What You Need to Know About the Three Strikes Law in California

Posted on: June 13th, 2022 by Dod Law

Three Strikes Law in California

The California Three Strikes Law, as defined by Penal Code §667, provides increasingly severe penalties for those who have been convicted of a certain crime. If a person commits a felony, they receive a strike on their criminal record and are allotted three strikes total. If they are charged with a third strike, the individual must receive a mandatory sentence of an additional 25-year to life in prison, usually without a chance for parole, on top of the standard sentencing for their latest conviction.

At Dod Law, we have a proven track record of not guilty verdicts and acquittals, establishing our dedication and commitment to protecting our clients’ rights and freedoms. Attorney Dod Ghassemkhani has worked in the criminal justice system for over 18 years and understands what it takes to build a solid criminal defense case on your behalf.

What Criminal Convictions Does the Three Strikes Law Affect?

The California Three Strikes Law currently calls for sentencing enhancements ranging from an added 25 years to life in prison, based on the defendant’s criminal history. The Three Strikes Law only affects those who have committed violent or serious felonies, as defined in Penal Code §1192.7; each conviction is considered one strike. The following are strikes or violent felonies:

• Murder
• Voluntary manslaughter
• Mayhem
• Rape
• Arson
• Kidnapping
• Carjacking
• Extortion
• Robbery
• Sexual abuse of a child
• First-degree burglary

Contrary to the name, the Three Strikes Law does not always apply to defendants that have a prior two strikes. Under California law, if you have two strikes on your criminal record, a judge can sentence you an additional 25 years to life in prison in addition to the sentencing for the current offense. For those who only have had one strike prior to their current offense, the impact of the Three Strikes Law may be less severe, but you may still be subject to sentencing enhancements.

Speak to an experienced criminal defense lawyer at Dod Law for personable, results-driven legal representation against Three Strikes charges. We are a top-rated legal team dedicated to protecting your rights and freedom.

Potential Defenses for California Three Strikes Cases

There are a few potential defenses or appeals for a California Three Strikes case, including:

• Have a prior strike expunged: A California criminal defense attorney could request a judge to dismiss a prior strike through a Romero motion. A judge may examine several factors, such as the defendant’s criminal history and how long ago the strike was committed before making a decision.
• Dispute prior crimes as strikes: During the case, a prosecutor must prove the defendant actually had two previous strikes with various evidence. A skilled California criminal defense lawyer may dispute the previous convictions did not merit “strikes” as they were not serious or violent felonies.
• Prove innocence of the third strike: If a California criminal defense lawyer proves their client is not guilty of the third crime, the Three Strikes Law is not applicable.

Criminal charges are serious and can have a large negative impact on your life. Attorney Dod understands the severity of these convictions and fights for your freedom. A knowledgeable criminal defense lawyer may potentially get your charges and penalties reduced or dismissed completely, depending on the circumstances of your case.

Speak to an Experienced California Criminal Defense Attorney at Dod Law

If you have been charged or accused under the California Three Strikes Law, speak to an experienced California criminal defense lawyer at Dod Law. With over 6,500 successful criminal cases litigated, Attorney Dod will fight for you and your freedom.

You can trust the award-winning criminal defense legal team at Dod Law. For over 18 years, we have provided California clients with comprehensive, personable, and results-driven representation. Speak with an experienced criminal defense attorney during your complimentary consultation at (619) 814-5110, or fill out our contact form.