California's Three Strike Law: What You Need to Know
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Transcript of California's Three Strike Law: What You Need to Know
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If You Have Been Arrested and Charged With a Felony Criminal Offense in the State of California It Is Imperative that
You Understand the Potential Ramifications of a Conviction Including Whether or Not You Will Be Impacted by
California’s “Three Strikes” Sentencing Law
CALIFORNIA’S THREE STRIKES LAW WHAT YOU NEED TO KNOW
DOMENIC J. LOMBARDO
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If you have been
arrested and charged
with a felony criminal
offense in the State of
California it is
imperative that you
understand the
potential ramifications
of a conviction,
including whether or
not you will be
impacted by
California’s “Three
Strikes” sentencing law. When the original Three Strikes law was enacted, and for
many years thereafter, it was considered the harshest of its kind in the country.
Although the law was recently reformed, it can still add years to your sentence if
you qualify under the law. Only an experienced California criminal defense
attorney can evaluate your criminal history along with the charges you currently
face and advise you whether or not you are at risk for Three Strikes sentencing;
however, a basic understanding of the law and who it typically affects is a good
place to start.
THE ORIGINAL THREE STRIKES LAW
Judges have long taken into account a defendant’s previous criminal history, or
lack thereof, when determining a sentence after conviction of criminal offense. In
the 1990’s, however, many states took that concept one step further by enacting
“Three Strikes” sentencing laws. Although California was not the first state to
enact a Three Strikes law, California’s version was by far the broadest, and by
many accounts, the harshest. Passed in 1994, California’s Three Strikes
legislation followed on the heels of the brutal murders of Kimber Reynolds and
Polly Klass – both by recidivist offenders. The public was scared and saw
Proposition 184 as the answer to their fears, voting Proposition 184 into law with
a margin of almost three to one in favor of the law. Proposition 184 was touted as
the way to “keep murders, rapists, and child molesters behind bars, where they
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belong.”The law required an offender to be sentenced to twice the term otherwise
provided for if convicted of a felony when the offender had a previous serious
felony conviction. Conviction of a third felony after two previous strikes resulted
in a sentence of 25 years to life. The problem, as lawmakers and voters alike
eventually realized, was that the criteria for the third strike was far too broad,
effectively sending people to prison for life for things such as stealing change out
of a car or shoplifting videos.
THE REFORMATION – PROPOSITION 36
Although the original Three Strikes law did, indeed, get many serious, violent
offenders off the street, it also sent many offenders to prison to serve lengthy
sentences for non-violent offenses because of the way the original law was
written. In fact, according to Stanford Law School’s “Stanford Three Strikes
Project”, over half of all inmates sentenced under the original Three Strikes law
were sentenced for non-violent offenses. Eventually, it became clear to the voting
public that the original Three
Strikes law was too broad. To
remedy the situation, the “Three
Strikes Reform Act”, commonly
known as Proposition 36, was
passed in 2012. Although
Proposition 36 is complex, the end
result is that in most cases an
offender will not be subject to
Three Strikes sentencing if the third
felony is not a serious or violent
offense. In addition, offenders who are currently serving a sentence under the
original Three Strikes law may petition for a sentence reduction if they would not
qualify for Three Strikes sentencing under the new law. Estimates place the
number of offenders who may qualify for a sentence reduction as a result of the
change in the Three Strikes law at over 3,000.
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PRIOR CONVICTIONS – WHAT QUALIFIES
Although Proposition 36 dramatically changed California’s Three Strikes law, the
law still exists and can result is a lengthy prison sentence -- up to and including a
life sentence -- to your sentence if you qualify under the new law. To be subject to
Three Strikes sentencing you must have two prior “strikes” and currently be
facing a potential third “strike”. A “strike” is a conviction for a “serious” or
“violent” felony as defined in California Penal Code Section 1192.7(c). Most of the
offenses included in the definition of “serious” or “violent” felonies are offenses
you would expect to find including, but not limited to:
Murder
Rape
Child molestation
Assault with a deadly weapon
Robbery
Kidnapping
Selling or furnishing a controlled substance to a minor
Along with providing specific offenses under the definition of “serious” or
“violent” offenses, the law also includes several “catch all” definitions such as:
any felony in which the defendant personally used a dangerous or deadly
weapon
any felony in which the defendant personally inflicts great bodily injury on
any person
In addition, juvenile “sustained petitions”, the juvenile equivalent of a conviction,
may qualify as a strike if you were 16 years of age or older and several other
conditions are met. Out of state convictions may also qualify as a strike. Finally,
you can rack up more than one “strike” from the same case. If you were convicted
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of more than one qualifying felony out of the same case you could have more than
one strike against you.
EXCEPTIONS TO THE “SERIOUS” OR “VIOLENT”
REQUIREMENT
As a general rule, Proposition 36 made it a requirement that only serious or
violent felony offenses count as a third “strike” for purposes of enhanced
sentencing. There are, however, exceptions to that general rule, including, but not
limited to offenses involving:
The use or intended use of a firearm in the commission of the crime.
The sale or intended sale of certain controlled substances.
Many sex offenses
THREE STRIKES SENTENCING – HOW IT WORKS
Under the original Three Strikes law a third felony conviction, regardless of the
nature of the offense, would trigger Three Strikes sentencing, meaning a 25 year
to life sentence. Post-Proposition 36, the third felony must also count as a strike.
In other words, you are only subject to Three Strikes sentencing if you have two
previous strikes (a serious or violent offense) and are convicted of a third strike.
If your current charges do not include a serious or violent felony you will not face
a 25 year to life sentence; however, you do still face a harsher sentence for
conviction of a third felony offense even if it is not a serious or violent felony.
Conviction of a non-serious or non-violent third felony subjects you to a sentence
twice as long as you would otherwise receive.
The good news is that Three Strikes sentencing is not automatic. Prosecutors and
judges have the discretion to dismiss or “strike” allegations that a defendant is
subject to Three Strike sentencing. In addition, eligibility for Three Strikes
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sentencing must be proven by the prosecuting attorney, leaving a defendant with
the ability to fight a Three Strikes sentence.
Defendants are frequently unaware of the future impact a conviction may have
when they accept a plea agreement in a case. If you are currently charged with a
felony offense of any kind it is crucial that you consult with an experienced
California criminal defense attorney immediately. Even if you are not currently
eligible for Three Strikes sentencing you could set yourself up for a Three Strikes
sentence down the road by accepting a plea agreement now.
California Courts, California’s Three Strikes Sentencing Law
Stanford Law School, Stanford Three Strikes Project
California Department of Corrections and Rehabilitation, Definition of Serious
Felony Offenses
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About the Author
Domenic J. Lombardo
Domenic J. Lombardo, (Attorney at Law)
graduated from University of California, Los
Angeles (U.C.L.A.), earning a B.A. in
Economics-Business, before graduating with
his J.D. from University of California,
Hastings School of Law. He passed the
California Bar Examination on the first try,
and immediately began practicing as a
criminal defense attorney in San Diego,
California.
Mr. Lombardo worked as a defense lawyer at the San Diego Office of the Public
Defender from 1991 to early 1996.
Mr. Lombardo opened the Law office of Domenic Lombardo in 1996 as a sole
practitioner dedicated entirely to the defense of individuals accused of crimes.
And while Mr. Lombardo works as the primary attorney for all his cases, he does
have a team of investigators, forensic consultants, and paralegals to call on to
help achieve the best possible result in every case.
When he is not working, Mr. Lombardo is an avid family man, triathlete, and
world traveler.
The Law Office of Domenic J Lombardo
The Executive Complex 1010 Second Ave., Ste. 1820
San Diego, CA 92101
www.AttorneyLombardo.com