Three Strikes Law Calls for the Skills of Criminal Defense Attorney Los Angeles Based Expert
Violent offenders, who have been arrested and charged at least three times, fall under California’s habitual offender laws. This legislation refers to common crimes that are defined as “strikes,” including murder, arson, robbery, and rape. However, this list varies by state. In some jurisdictions, the crimes may include drug trafficking, felony theft, bribery, or treason. A criminal Defense Attorney Los Angeles tells us more.
Seeking Help from a Criminal Defense Attorney Based Law Firm
California has led the way in supporting habitual offender legislation. The concept behind the rulings is pretty simple to understand. Legislators believe serious crimes deserve harsher sentences, especially if an offender has been convicted of violent crimes at least three times.
After three qualifying convictions, an offender can face a sentence of 25 years to life in prison. The law increases the penalties for repeated violent offenses. A second strike may double the length of a sentence while a third conviction may lead to life in prison. However, certain legal updates have waived the increased penalties for some crimes, thereby providing a sentence reduction in some cases.
So, what crimes in California fall under the 3-Strike legislation?
3-Strike Crimes
Crimes that are included under the 3-Strike laws include:
- Arson
- Voluntary manslaughter
- Murder
- Rape
- KIdnapping
- Forced sodomy
- Carjacking
The following felonies may also lead to a strike:
- First-degree burglary
- Robbery
- Selling illegal or hard drugs to a minor
An offender who personally used a firearm or inflicted bodily harm may also receive a strike. To be eligible under the 3-Strike system, an offender must be 16 years old when they committed a qualified crime. A more restricted list of strikes counts against juvenile offenders.
If you have been convicted for strike-type crimes in another state outside of California, they may also count as a prior strike if you are accused of a felony while living in California.
You will not be given a harsher sentence or strike enhancement if you are convicted for a violent crime that is listed as a strike law felony as a first strike. The first strike only warns an offender that any future crime can have much more serious repercussions.
For instance, if you were arrested and convicted of a robbery when you were 20 years old and fully served time for your crime, you may be considered a second striker if you are arrested, later, for arson. Upon a conviction, the usual arson sentence would double.
While you may receive additional punishments or penalties for a second strike, the third strike can crush you. For example, you may receive 25 years to life, regardless of the penalty. Plus, consider this – even if you are arrested and charged for a crime that does not qualify as a strike, your sentence can still double if you already have two prior strikes.
For example, an offender who already has two strikes against them is charged with selling non-hard or soft drugs, such as hash or marijuana, to a minor. This offense carries a prison sentence of 3 to 5 years.
This can also happen if you use a minor for the illegal sale or transport of marijuana, a felony punishable by a 3 to a 7-year prison term. The same punishment applies to inducing anyone younger than 18 years old to use marijuana.
While you won’t get 25 years for the punishment, you can double a 5-year or 7-year sentenced to 10 or 14 years.
Can Strikes Be Dismissed?
If you are facing felony charges or are considered a repeat offender, you need to use the skills of a competent defense attorney. Doing so will give you the leverage you need to possibly reduce your imprisonment or dismiss some of your strikes.
Whether a strike can be dismissed depends on your age and how long ago a strike occurred. It also is based on past crimes and your current offense. A judge can dismiss earlier strikes if justice is served. Also, prosecutors have the choice to treat your crime more leniently or refrain from treating you as a second or third striker, depending on the offense.
In Summation
As you can see, the 3-Strike Law in California is something you need to take into account if you have already been charged with a felony. To improve the outcome of your case, you need to retain the services of a criminal defense attorney Los Angeles 3-Strike specialist. By using the services of an expert in the field, you can, at least, increase the odds for a better outcome. In California, call Jance M. Weberman (A Professional Law Corporation) at 213-386-9100 today.