Los Angeles Three Strikes Defense Lawyers

How California's Three Strikes Law Works

California's three-strikes law was intended to stop crime by taking repeat offenders off the streets. It sets a mandatory minimum prison sentence of 25 years (or more) to life for people with two previous strikes, and doubles the sentence for people with one previous strike. However, the law can be confusing -- and controversial -- because it applies to any felony charge, even though only violent or serious felonies count as strikes.

The three-strikes law defines a strike as any serious or violent felony crime. These crimes are listed in California's Penal Code, but generally, a felony will be a strike if it involved violence, a firearm, breaking into a home, or certain offenses involving minors. Any crime that might carry life in prison or the death penalty is likely a strike. Convictions from other states, federal convictions and juvenile convictions may also count as strikes, depending on the circumstances. (For more information, please see Which Charges Are Strikes?) If you are charged with any of these felonies, you are facing a first strike.

By itself, a first strike doesn't carry any sentence enhancement. But it's still very important to avoid a first-strike conviction, because having that strike on your record will count against you if you face more felony charges later. When you have one strike on your record and you're charged with another felony -- even a nonviolent one -- your sentence for the new crime will be doubled. That is, if you're facing six years in prison for burglary, and you've been convicted of a strike in the past, you are now facing 12 years in prison. And if convicted under the three-strikes law, you must serve at least four-fifths (almost ten years) of your 12-year sentence, regardless of good behavior or other sentence credits.

The rules are even harsher if you've been convicted of two felony strikes. Under the law, people with two strikes can legally be sentenced to 25 years to life in prison (or three times the normal sentence to life) for any new felony charge. That's true even if the new charge doesn't count as a strike. As long as you have two strikes on your record, the prosecutor is allowed to ask for life in prison for felony petty theft, burglary of an empty home and other crimes that would normally draw much lower sentences.

The three-strikes law also lays down harsher requirements for offenders with one or more strikes on their records. People sentenced under the three strikes law usually:

• May not be granted probation instead of prison.
• May not serve sentences at any alternative facility (like a work-release program).
• May not receive credits shortening their sentences by more than one-fifth.
• May not plea bargain the sentence down.
• Must count certain juvenile convictions received at ages 16 or 17.
• Must count convictions so old that they would normally be ignored.

Under California's three-strikes law, judges and prosecutors have some flexibility. As long as the prosecution can show that it's a three-strikes case, they can seek the 25-life sentence- however a Judge may be able to "strike a strike" for purposes of sentencing if the facts warrant it. That's why it's so important to get good competent and aggressive counsel to represent you even if it's only a first strike. If you or someone you care about is facing felony strike charges, it's important to make sure you have experienced, aggressive legal representation as soon as possible. Even if you feel sure that you'll be convicted, a competent criminal defense law firm like Wallin & Klarich can help you mount the best defense possible and find ways to reduce your charges or your sentence.

At Wallin & Klarich, we believe everyone, no matter what the charge, is entitled to an aggressive and thorough defense. After more than 30 years defending Southern Californians against criminal charges, we have a strong record of successfully defending clients facing serious criminal charges, including potential strikes such as assault, firearms crimes, sex crimes and burglary. And because we understand how devastating a three-strikes conviction can be for our clients and their families, we're committed to being available to our clients at all times -- 24 hours a day, seven days a week, and 365 days a year.

If you're facing three-strikes charges in California, you need smart, dedicated legal representation -- fast. The stakes are simply too high to delay. For a free consultation with the experienced Southern California criminal defense lawyers at Wallin & Klarich, call us today at 1-888-287-3485.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-287-3485 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.