California Three Strikes Law
California Three Strikes Law and Proposition 36 Reforms
California's three strikes law is a sentencing scheme that adds significant time to the prison sentences of certain repeat offenders convicted of serious or violent felonies. The three strikes law was enacted by both legislative and voter initiatives in the 1990's. It was amended in 2000 and again in 2006 to add additional crimes to the list of qualifying "strike" offenses. In 2012, it was again amended by Proposition 36 making it where in most cases you will only receive the longest 25-year-to-life sentence if all three of your felony convictions were for serious or violent felonies. Prior to this, offenders were being sentenced to 25-year-to-life sentence for being convicted of a simple, non-violent felony such as felony stealing or drug possession, because it was their third strike.
Possible Defenses There are several possible ways to fight strikes:
4 Ways to Beat a California Strike First fight the current offense, so you do not get a new strike on your record. There are 4 ways to possibly prevent getting a new strike on your record, whether it is your possible first, second or third strike.
This is done as follows:
(1) First, try to beat the charge so that it is dismissed or you are found "not-guilty".
(2) Second, have a strike-type-of-felony reduced to a misdemeanor.
(3) Third, persuade the DA (prosecutor) to remove the strike charge and charge you with another felony. and
(4) Fourth, by filing a 'ROMERO MOTION".
These motions ask the judge to dismiss a strike allegation in furtherance of justice. In deciding a Romero motion, the court will consider all of the circumstances, including the nature of the current charge, how long ago the strike priors occurred, the underlying facts of the strike priors, and everything about the defendant's history. • Second, if the defenses in number 'a' above do not work and a strike is applied on your record you may be able to file an appeal and get the appeals court to either overturn your entire conviction or, at least, appeal to remove the strike. Appeals are complicated matters. This is another reason why you need Lee Law Group to assist you in coordinating your appeal with appellate counsel. Contact the Lee Law Group for further explanation of these complicated laws and reforms and procedures.