We have all heard the term, “three strikes and your out”, but what does this really mean? Depending on the person prior criminal history and current charges, the effect of the 3 strikes law can result in life imprisonment. If you or a loved one is concerned about the 3 strikes law, you should immediately contact one of the attorney of Criminal Defense Attorneys of Sacramento. We have successfully gotten client’s “strike priors” dismissed, and or negotiated non strike offers on cases where strikes are currently charged !
A. What is the 3 Strikes Law and how does it work?
The legislators have deemed certain crimes as strikes. This was done because the crimes have been considered “serious” and or “violent”. Some examples are assault with a weapon, assault that causes great bodily harm, sex crimes, gang cases, homicides and many other crimes that are viewed as dangerous.
If you commit a new felony after being convicted of a prior strike felony, you will be subjected to this law. After just one strike, if you are convicted of a new felony, your sentence may be doubled. Additionally, instead of only serving 50% you’re your sentence; you will have to serve 85 % of the sentence.
Once you have two strike prior against you, a new violent or serious felony conviction can result in a minimum sentence of 25 years to life.
Unlike your credit, strikes don’t automatically fall of ones record. They are part of ones criminal record for life!
Strikes must be proven just like any other element of a crime. The burden of proof is on the prosecution. One of our skilled attorneys may be able to raise reasonable doubt that the strikes occurred. We can also negotiate with the district attorney or judge to have one or more of the strikes dismissed. Even if the strikes are proven, we can make a motion to have the strikes dismissed.
The 3 Strikes Law is a harsh sentencing enhancement that can add substantial time to ones sentence. This law can result in a life sentence depending on one's prior criminal history. If you, or a loved one is facing the consequences of the 3 Strikes Law don’t hesitate to call one of the experienced attorneys at Criminal Defense Attorneys of Sacramento.