Answers from a Los Angeles Three Strikes Attorney
Our firm’s primary focus is defending against serious and violent felony allegations (“strike offenses”). If you or a loved one are facing strike-related criminal charges, we can help. Call our firm at (213) 377-6102 for a free case evaluation with an experienced Los Angeles three strikes attorney.
What is the Three Strikes Law?
California’s Three strikes law is a sentencing law that passed in 1994. Under the law, anyone with one prior serious or violent felony conviction faces double prison time on any future felony convictions. Anyone with two or more prior serious or violent felonies convictional faces 25 years to life on any new felony. If you’re facing strike-related criminal charges, it is important that you contact a Los Angeles three strikes attorney as soon as possible.
Which crimes are included in California's Three Strikes Law?
Some serious or violent felonies under this law include:
- Murder, attempted murder, involuntary manslaughter, and manslaughter.
- Certain types of Assaults
- Residential burglary
- Criminal threats
- Felony Gang Allegations
- Many sex crimes
- Any felony that causes great bodily injury or in which a firearm was used.
A complete list of strike offenses is in Penal Code A complete list of violent felonies for purposes of the three strikes law is found in Penal Code Section 667.5 (violent crimes) and Penal Code section 1192.7(c) (serious felonies).
What are the penalties for strikes offenses in California?
The penalties you face differ based upon the number of strikes on your record and the new charges.
Penalties for One Prior Strike:
If someone with one strike conviction is convicted of a new felony, they face double prison time.
Penalties for Two or More Prior Strikes:
If someone with two or more strike convictions is convicted of a new felony, they face 25 years to life in prison.
Prison Time Percentages for Strike Offenses:
In California, inmates can earn “custody credits” for prison time served with good behavior, which can shave off years of their sentences.
Inmates with no prior strikes who is convicted for a non-strike offense can be released after serving 50% of their sentences.
However, those with second or third strikes must complete 80% of their sentences before they can be released. Inmates convicted of a violent felony must serve 85% of their sentences before they can be released.
Can I get rid of an old strike conviction?
An experienced Los Angeles three strikes attorney can file a Romero Motion, also sometimes called a motion to “strike the strikes.” A Romero motion explains that the accused has changed since being convicted of the strike offense. An experienced Los Angeles three strikes attorney will typically argue that it would be unfair to hold the prior strike against the accused.
Can charges be reduced to a non-strike offense?
A Los Angeles three strikes attorney can also sometimes convince the prosecution to drop the “strike allegation” as part of a plea offer. While every case is different, our attorneys have been able to get strike offenses reduced to non-strikes without any jail or prison time.
Get Help from a Los Angeles Three Strikes Defense Attorney
If you or a loved one are facing strike allegations, consult with an experienced Los Angeles three strikes attorney as soon as possible. Many times, a good criminal defense attorney can get the strike penalties removed.
If you need help, we are here for you. Call us at (213) 377-6102 for a completely free consultation about your case.