Overview of the Three Strikes Law

The Three Strikes law was enacted in California in 1994 to enhance the penalties for repeat offenders. The law mandates progressively harsher sentences for individuals convicted of multiple serious or violent felonies.

• First Strike: A conviction for a serious or violent felony. Crimes such as robbery (California Penal Code § 211), burglary of an inhabited dwelling (California Penal Code § 459), and certain sexual offenses qualify as first strikes.
• Second Strike: If an individual with one prior strike is convicted of another serious or violent felony, the sentence is doubles. For instance, if you have a prior strike for burglary and are later convicted of armed robbery, your sentence for the second strike will be twice the standard term for the crime.
• Third Strike: A third felony conviction results in a sentence of 25 years to life, regardless of the nature of the third offense. If you have two prior strikes for serious felonies and are then convicted of any third felony, such as petty theft with a prior (California Penal Code § 666), you face a mandatory sentence of 25 years to life.

While the Three Strikes Law is designed to deter repeat offenders by imposing harsher penalties, it specifically targets individuals who commit serious and violent felonies. Let’s go into more detail below.

Serious and Violent Felonies

The Three Strikes Law targets repeat offenders who commit serious or violent felonies. These offenses include:

1. Violent Felonies: These include crimes such as murder, attempted murder, voluntary manslaughter, rape, sexual assault, robbery, and certain types of aggravated assault.
2. Serious Felonies: These include crimes such as burglary of a residence, arson, kidnapping, certain drug-related offenses, and other serious crimes as defined by state law.

Three Strikes Law targets individuals who commit serious and violent felonies.

According to California Proposition 36, the third strike must also be a serious or violent felony to trigger the 25-to-life sentence. So, if you commit a minor offense, it cannot count as a third strike. This aims to reduce overly harsh penalties for less serious crimes, ensuring fairer sentencing.

So How Does the Three Strikes Law Impact Sentencing?

Here’s how the three strikes law affects sentencing:

• First Strike: Sentencing for a first offense follows standard guidelines for the specific crime committed. For example, a first-time burglary offender might receive a sentence of two to six years in state prison, depending on the circumstances and any aggravating factors.
• Second Strike: The sentence for a second-strike offense is double the term prescribed by law for the crime. For instance, if the standard sentence for armed robbery is five years, a second-strike offender would face a ten-year sentence.
• Third Strike: A third strike offense results in a mandatory sentence of 25 years to life because the Three Strikes Law mandates a life sentence for individuals with two prior strikes.

Exceptions and Modifications of the Three Strikes Law

While the Three Strikes law is strict, it has been modified over the years to ensure fairness.

Proposition 36 (2012) amended the Three Strikes law to require that the third strike be a serious or violent felony, except in certain cases.

So, under Proposition 36, a third felony conviction for a non-serious, non-violent crime like drug possession might not result in a life sentence. Instead, the court has the discretion to impose a lesser sentence.

Besides prop 36, the judge can use their discretion to modify a sentence. For instance, a judge might decide to dismiss a prior strike if it occurred a long time ago and the defendant has since demonstrated rehabilitation.

Note: If you’re already serving a life sentence under the Three Strikes law for non-serious, non-violent offenses, you can petition for resentencing under Proposition 36.

For example, if you’reserving a life sentence for a third strike conviction of petty theft with a prior, you can seek a reduced sentence if this offense is no longer considered a qualifying strike under the reformed law.

Criticisms and Controversies of the Three Strikes Law

The Three Strikes law has faced significant criticism and controversy since its enactment.

Critics argue that the law can lead to disproportionately harsh sentences for relatively minor third offenses. For example, cases where individuals receive life sentences for non-violent crimes like shoplifting have sparked debates about the fairness of the Three Strikes law.

There are also concerns that the law disproportionately affects minority and low-income communities, intensifying existing inequalities in the criminal justice system.

Furthermore, housing an aging prison population with life sentences under significantly increases state expenditure on healthcare and corrections, further burdening taxpayers.

Final Words: How to Navigate the Three Strikes Law

If you’re facing felony charges in Orange County, especially a third strike, hire an experienced criminal defense attorney. This is crucial.

You attorney will evaluate your case, and do any of the following:

• Challenge the application of prior strikes, and advocate for reduced sentencing.
• In some cases, accepting a plea deal for a lesser charge that does not count as a strike can help avoid the severe penalties of a third strike conviction. Your attorney should discuss this option with you.
• Your attorney can also file a motion to dismiss, asking the court to dismiss prior strikes in the interest of justice. The judge has discretion to strike prior convictions, particularly if they are old or not indicative of your current behavior.
• Present mitigating evidence, such as a lack of recent criminal activity, stable employment, or participation in rehabilitation programs. All these factors can lead to a lighter sentence.