Understanding California’s Three Strikes Law: Implications and Defense Strategies

Currently, over half of the nation’s states have habitual offender laws. California is one of those with its Three Strikes law. This law takes a strict approach to repeat offenders that often results in lengthy prison sentences. If you have one or more strikes on your criminal records in California, it’s important to understand the Three Strikes law, how it affects you, and what legal options may be available to you. Working with the experienced criminal defense team at the Law Offices of Robin D. Perry & Associates can help you navigate this challenging time.

For those unfamiliar with the Three Strikes law and similar habitual offender laws, this may not seem too different from other sentencing guidelines. In any criminal case, a perpetrator’s criminal history can be a factor in the judge’s sentence. The word may is the most important part of that sentence. While sentencing guidelines give judges leeway to use the person’s criminal history in their sentencing decision, habitual offender laws require that subsequent offenses get heavier punishments.

If you’re facing criminal charges that could put you on the path to three strikes, you need to talk to a criminal defense attorney immediately. The consequences of three serious or violent felony convictions are grave. Call the Law Offices of Robin D. Perry & Associates at 562-216-2944 today.

What is the Three Strikes Law?

This law, referred to as the “Three Strikes and You’re Out” criminal sentencing measure, was signed into law in 1994 in California. Legislators drafted and passed it in response to increasing crime rates and widespread concern about repeat offenders. The goal of this law was to inflict harsher penalties on repeat offenders and, in doing so, discourage potential repeat offenders from reoffending.

Upon being convicted of a serious or violent felony, an offender gets their first strike on their record. These crimes include everything from armed robbery and sex crimes to murder and arson.

On a perpetrator’s second conviction, they receive a second strike. Their sentence is typically twice the length of the standard sentence for that offense.

On a perpetrator’s third strike, they get a mandatory sentence of 25 years to life in prison.

Effects of a Strike

The Three Strikes law has had major effects on perpetrators and the criminal justice system in general. Reported effects include:

• Fewer guilty pleas: Plea bargains generally require a guilty plea, but those facing a second or third offense may not want to plead guilty to a lesser charge in exchange for a lighter sentence. While this has adjusted over time as attorneys have adapted their strategies, many accused individuals would rather take their chances than risk a second or third strike.
• Consecutive sentencing resulting in longer periods of incarceration: The Three Strikes law requires consecutive sentencing, rather than concurrent. If someone is convicted of two third strike felonies, for example, they would be sentenced to a minimum of 50 years in prison.
• Limited sentencing options: The Three Strikes law significantly limits a judge’s flexibility and freedoms when it comes to sentencing. This makes it harder to use mitigating factors that may otherwise lead to leniency.
• More stringent parole monitoring: Some crimes that result in a strike are eligible for parole, but those who already have two offenses are considered to be high risk for a third strike sentence. Parole agents monitoring these offenders have reduced, specialized caseloads to allow them to monitor these offenders more closely.

Mitigating or Avoiding a Strike

As someone accused of a serious or violent crime, you likely already know just how much is at stake under this law. The sooner you connect with a criminal defense lawyer, the better odds you have of fighting your charges. Your attorney may work to negotiate your charges down to those that are non-strike offenses. While you’d still have a conviction on your record if you accept a plea bargain like this, it would not be a strike on your record. Your criminal defense attorney may also look into alternative sentencing options that may include drug treatment programs, rehabilitation, probation, or diversion programs.

In some cases, sentencing judges can also dismiss prior strikes. This is fairly uncommon, but may happen if the old case is old and the new offense is relatively minor. If the offender has a nonviolent history, that works in their favor.

Take the Next Step With the Criminal Defense Attorneys at the Law Offices of Robin D. Perry & Associates

We understand how important your freedom is to you, and we’re committed to advocating for you every step of the way. Find out how we can help you with your criminal case now—contact us online or call us at 562-216-2944.