Three Strikes Law

In 1994, California voters passed Proposition 184 which enacted the criminal sentencing scheme known as the “Three Strikes” law.  It is quite complicated, but is most known for the idea that if you are convicted of your third strike (any felony offense when you have two or more previous strike convictions), you are to be sentenced to at least 25 years to life.

A strike conviction can have a number of serious consequences including mandatory prison time and denial of good time credit.  Just having one strike prior mandates state prison (absent particularly unusual circumstances) on any new felony conviction whether it is a strike or not, and it doubles the sentence length.  Generally speaking, strikes are not removable from your record and could impact your future employment options.

A strike is a crime that is considered either “serious” or “violent”.   The Penal Code classifies which crimes are “serious” or “violent” in the lists in Penal Code §§ 667.5(c) and 1192.7(c).   This includes among other things: Murder, Manslaughter, Mayhem, Kidnapping, Robbery, Participation in a Criminal Street Gang, Carjacking, Assault with a Deadly Weapon, Rape, Residential Burglary, Arson, and Criminal Threats.

If you or a family member are charged with new a strike or a new charge and have strike priors, the potential consequences could be dire.  Swift action often times means the difference between a short sentence and 25 to life.  Call the Law Offices of Graham Donath for a free and confidential initial consultation.

If you or a family member has been charged with a serious or violent crime in Riverside, Los Angeles, or Orange County, contact the Law Offices of Graham Donath for superior representation that gets results.