California’s Three Strikes law

California’s notorious Three Strikes law imposes severe sentences on individuals who commit serious or violent crimes more than once.

Our immigration lawyers in Los Angeles are ready to help you face the challenges of this law with solid strategies and a thorough defense that will protect your rights and future.

Everything You Need to Know About California’s Three Strikes Law

California’s Three Strikes Law, also known as “Three Strikes and You’re Out,” is a law that imposes severe sentences on repeat offenders.

According to this legislation:

• Those who commit three felonies face a minimum sentence of 25 years to life in prison. 
• The first two offenses can be any serious offense, but the third must be a serious or violent offense for the sentence to apply under this law.
• The law doubles the penalties for repeat offenders in certain cases. 

Although its goal is to reduce crime, it has drawn criticism for its disproportionate impact on some communities.

What is the purpose of California’s 3 strikes recidivism law?

The purpose of the Three Strikes law in California is:

• Prevent the recurrence of crimes; and 
• Act as a deterrent to prevent people from committing crimes. 

While this legislation has helped reduce recidivism in some cases, it can also have a significant impact on those facing a third conviction.

Where does the term Three “Strikes” come from in California?

The term Three “Strikes” in California comes from the analogy with baseball, where a player has three chances to hit the ball before being eliminated. 

In the legal context, 3 Strikes laws provide that an individual convicted of a felony who already has two prior felony convictions will receive a mandatory life sentence.

The idea is that after three felony convictions, a person should not have the opportunity to commit more crimes without facing severe penalties. 

Example of California’s Three Strikes Law

• Carlos was previously convicted of assault with a deadly weapon and armed robbery, both felonies;
• 5 years later, he is charged with attempted murder, another felony in California;
• Normally, attempted murder would carry a maximum sentence of 9 years in prison; 
• However, as this is his third felony, Carlos faces a mandatory sentence of 25 years to life in prison.

What types of crimes apply to California’s Three Strikes law?

California’s 3 Strikes law applies in the following cases:

• First and second strikes: Any felony can qualify, such as theft or drug-related offenses.
• Third strike: Only applies if the crime is serious or violent, such as:
  • Murder;
  • Rape; or
  • Use of a firearm.

This also includes crimes that cause serious injury, certain sexual offenses, or those involving explosives. 

It should be noted that the courts have the authority to determine whether a crime qualifies under this law.

Is it possible for a court to expunge previous convictions?

In certain cases, yes. In fact, courts may consider a motion to dismiss prior convictions in the interest of justice. This is evaluated by taking into account factors such as:

• The time elapsed since previous convictions;
• The defendant’s history; and
• The specific circumstances of the current case.

However, this motion is more likely to be approved if the prior convictions were not for violent crimes and occurred a long time ago.

Additionally, prosecutors may sometimes choose not to pursue prior convictions if court records are ambiguous or difficult to prove.

Can a sentence be appealed under the Three Strikes Law?

In certain cases, it is possible to appeal a Three Strikes sentence in California. For example, Proposition 36 amended the Three Strikes law, allowing some prior convictions to no longer be considered “Strikes.” 

If your case is determined to qualify under this proposition, it is possible to appeal your sentence and even obtain a reduction.

Note: Another common basis for appeal is to demonstrate that the sentence constitutes cruel and unusual punishment under the Eighth Amendment to the Constitution . 

Did California eliminate the Three Strikes law?

California has not repealed the three-strikes law. However, significant changes have been made to address certain aspects.

For example, Proposition 36 and SB-483 limit the use of mandatory life sentences to cases where the third offense is serious or violent. 

Are you looking to clear your criminal record? At Lluis Law, we can help you with this process by expunging your record. 

California 3 Strikes Law Bill

AB 229 seeks to amend the California Penal Code to expand the definition of violent crime. This expansion would include:

• Sexual offenses; 
• Human trafficking; and 
• Serious domestic violence. All this with the aim of increasing penalties under the Three Strikes Law. 

It also establishes that no reimbursement of costs would be required for local agencies or school districts to implement the law.

The bill also modifies other sections, introducing harsher sentences for repeat offenders of violent crimes or those involving the use of weapons.

What impact has California’s Three Strikes law had?

The Three Strikes law is having a significant impact on the criminal justice system at the local and state levels. In fact, analyzing the data reveals several key effects:

• Thousands of cases have been filed against violators under the Three Strikes law. By 1994, more than 7,400 second- and third-offense cases had been recorded statewide, with more than 5,000 in Los Angeles alone.
• Traditionally, more than 90% of serious cases were resolved through plea agreements. However, due to the lengthy prison sentences, many often opt to go to trial.
• The low number of plea agreements often leads to an increase in the number of jury trials, which affects prosecutors’ workload.
• The increased number of cases brought to trial and the rise in bail for repeat offenders are leading to an increase in the number of people arrested.

What are some of the implementation challenges?

The implementation of the Three Strikes law has revealed several problems that must be addressed by the legislature, the governor, and local officials.

As a result, there are legal issues that will need to be addressed, either through new laws or legal action. Some of these directly affect law enforcement, including the following:

• Authority of the courts to classify a prior conviction as a misdemeanor, which would prevent enforcement of the law;
• Power for judges to ignore prior convictions without a request from the prosecutor; and
• Possibility of considering a crime committed by a minor as a “strike.”

Note: The delay in updating criminal records in the California justice system often complicates the implementation of the law, as prosecutors often do not have immediate access to offenders’ complete records.

Frequently Asked Questions About California’s Three Strikes Law

Is it possible for a defendant accused under the three strikes law to obtain parole?

In California, some defendants charged under the Three Strikes law may be eligible for parole under certain conditions. This is possible if:

• The crime for which they are currently serving a sentence is not considered violent; and
• They have served their primary sentence.

The primary penalty refers to the maximum sentence corresponding to the crime for which they were convicted, without including additional increases.

What does California’s “one strike law” entail?

California’s “One Strike Law,” regulated by Penal Code 667.61 PC, extends prison sentences for certain serious sex offenses, even for first-time convictions.

This law applies to several people convicted of:

• Rape;
• Lewd or obscene acts;
• Sodomy;
• Oral copulation; and
• Sexual assault of a minor.

In addition, for the law to be activated, aggravating factors must be present, such as:

• History of sexual offenses;
• Physical harm to the victim;
• Kidnapping;
• Use of a dangerous weapon;
• Restraint of the victim; or
• Administration of controlled substances.

How can I avoid a sentence under the three strikes law if I’m not guilty?

The most effective way to avoid a conviction under the Three Strikes Law is to prove that you are not guilty of the current charge. If the prosecutor drops the charge or reduces it to a lesser offense, the law no longer applies. 

To achieve this, evidence such as videos, witnesses, medical records and others can be submitted. If there is reasonable doubt, the charge should be dismissed.

Are you facing burglary? At Lluis Law, our criminal defense attorneys can help you defend yourself against these charges. Contact us today for a personalized consultation.

Do I need the help of a lawyer for cases involving California’s three-strikes law?

Now you know what the three-strikes law is in California and its impact according to the US Supreme Court. 

Therefore, it’s essential to have legal counsel if you face charges under this law, which can lead to life imprisonment after a third serious conviction. Given its complexity, a specialized attorney can make all the difference.

At Lluis Law, criminal defense attorneys David and Ramiro have over 50 years of combined experience handling complex cases. They can assess your situation, seek effective defenses, and guide you through the entire legal process.