Law Offices of Fountain & Hattersley

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What is the three strike law in California?

• Criminal Defense And Three Strike Law Involvement
  in criminal activities could land you in serious
  trouble with the authorities, especially if you
  face charges for listed serious crimes.
  Regardless of your case's circumstances, you may
  stand in a disadvantaged position and receive
  severe penalties for breaking the law and
  engaging in a strike felony. Felony Defense The
  three-strike law applied in California
  incorporates stringent measures extended to any
  defendant engaged in previous felony
  convictions. While you may find it quite
  challenging to raise defenses when charged with a
  felony, finding an experienced criminal defense
  lawyer will significantly reduce the penalties.
• Before beginning the trial, you need to get into
  contact with a defense lawyer who will give you
  comprehensive and detailed information concerning
  three-strike laws and the defenses available
  depending on your case. At the Law Offices of
  Foutain Hattersley, we are committed to
  providing the best legal services to all our
  clients who face criminal charges within the
  three-strike law. Over the years, we have
  managed to work out negotiations with prosecutors
  to ensure that our clients do not receive harsh
  and unwarranted penalties derived from the
  improper use of the three-strike laws.

The Legal Definition of Three Strike Laws Drug
And Alcohol Related Crimes Before determining the
defenses you will apply to your case, you need
to understand what three-strikes laws are and the
consequences they bring to you as a defendant.
The California Penal Code gives a broad and
elaborate definition of these laws under section
667. Overall, a
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three-strike law seeks to enhance punishment
given to a previously convicted offender who has
faced prior felony convictions. The section also
states that the crime has to be listed as a
violent or severe felony to apply the
three-strike laws to the defendant facing the
sentence. Moreover, three-strike laws can also
double the sentence you were to receive,
depending on the level of a strike that you are
in. For example, anyone who has committed two
previous severe or violent felonies is likely to
face a double sentence for the new
charges. Section 1192.7 of the Penal Code lists
all the felonies that amount to serious crimes in
California based on the gravity of the effect
they have on the victim of the crime. Murder tops
the list as one of the most serious crimes,
mainly because of the fatal consequences a
defendant subjects to the deceased. Additionally,
it qualifies as a severe criminal offense because
of the deliberate element of a crime that
suggests an intentional commission of an unlawful
act. Secondly, manslaughter also appears on the
list of severe felonies for the grave effects
caused when a suspect causes the death of another
because of undue disregard for human life.
Besides these two felonies, the list also
includes crimes like Kidnapping Extortion
Rape Mayhem Carjacking If your charges involve
any of the listed crimes, your conviction will
undoubtedly attract a felony strike. Additionall
y, Section 667.5 provides a list for all offenses
that amount to violent felonies, similarly
attracting a strike upon conviction. Usually,
violent crimes involve using excessive force to
effect an unlawful action on a crime victim.
Therefore, you may be included in a forceful and
illegal invasion of personal space or property.
Moreover, crimes that involve exposing minors to
inherent threats also fall under this category.
Committing grand theft in possession of a firearm
is one of the criminal activities that fall
under the category of violent felonies. A direct
link demonstrated by the prosecutor in court may
show that you used the firearm to cause alarm,
actual harm, or coercion to the crime victim. The
violence caused while engaging in the theft
amounts to a violent felony charge. Other crimes
under the category are Selling Methamphetamine
or Cocaine to an underaged person. Committing
burglary
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Robbery Forced sodomy Overall, a defendant who
has committed any of the listed severe or violent
felonies and repeats them twice more will have a
full three-strike law effect used against
him/her. The imposition of the strike laws means
that your sentences are enhanced to the maximum
option if possible, sometimes with limited
parole options. Despite the general
classification of the felonies, you will face
convictions depending on the strike level. It is
crucial to learn of the consequences of facing
charges as a second or third striker because you
and your defense attorney will be prepared for
the outcomes that await you.
Conviction as a Second Striker Being a second
striker means that you have faced one previous
conviction, with serious or violent felony
charges. Therefore, you must have completed your
sentence and were released from jail, leading to
a second opportunity to commit a crime. In this
case, engaging in a felony that attracts a strike
record again will open a new trial. If the
presiding judge or jury finds you guilty of a
second-time offense, you will become a second
striker. Subsequently, the strike law
provisions direct the judge to enhance your
sentence for the crime in question, to make it
double the original penalty set for the
conviction. For example, if you are found guilty
of extortion, which is a serious felony, you will
face eight years in prison, instead of the usual
four years in section 518 of the Penal Code. The
double sentence arises because of your previous
criminal record involving another strike felony,
like carjacking or rape. As long as the
prosecutor can prove that your criminal record
in the prior crime is valid, you will receive a
sentence under the strike laws.