California Three Strikes Defense Lawyers
Our Los Angeles criminal defense lawyers defend clients in three strike cases throughout Los Angeles, San Bernardino, Riverside and Orange counties. As former district attorneys who once prosecuted three strike cases, our defense lawyers draw on vast experience from both law enforcement and criminal defense.
The California three strike law is an oppressive legal program that can result in life in prison for conviction of even minor felonies, often nonviolent drug offenses. Three strikes law disproportionately affects African American and Latino men, who are much likely than whites to be "condemned for life" by it.
Shouse Law Group is committed to reforming California's Three Strikes Law. In particular, we support organizations such as Families to Amend California's Three Strikes and Families Against Mandatory Minimums who are fighting to repeal the current version of Three Strike Law and replace it with a more fair and equitable sentencing policy.
How does California Three Strikes Law Work?
Third Strike Cases:
Under California three strikes law, if a person is convicted of any felony, and he has two or more "strike" priors (prior convictions for strike offenses), he must be sentenced to at least 25-years-to-life in State Prison.
Second Strike Cases:
Under California three strikes law, if the person is convicted of any felony and he has one "strike" prior, he must be sentenced to double the prison term on the current conviction.
Custody Credits Under Three Strike Law:
If someone is sent to prison on a second or third strike, he must complete at least 80% of the sentence before he is eligible for release. Without a strike prior, and if the current conviction is not for a violent felony, the person normally only serves only 50% of the sentence.
What Prior Convictions Count as Strikes?
A prior conviction counts as strike for "three strikes law" purposes if it was for a serious or violent felony. "Serious felonies" are listed in California Penal Code Section 1192.7 (c), and "violent felonies" are listed in California Penal Code Section 667.5 (c). Visit the pages below for a complete list of what offenses constitute strikes:
- Violent Felonies Under California Three Strikes Law
- Serious Felonies Under California Three Strikes Law
Most felonies involving violence are on the list. Other offenses that count as strikes for "California three strike" purposes include criminal threats, residential burglary, and any offense in which a dangerous or deadly weapon is personally used, great bodily injury is personally inflicted, or a gang allegation is found to be true.
The California Three Strikes (3-Strikes) law became operative on March 7, 1994. Therefore, the current felony charge must have occurred after this date for the three strike law to apply. But the "strike priors" could have occurred at any time, even before March of 1994.
What Juvenile Convictions Count as Strikes?
A juvenile "sustained petition" (the term for a conviction in juvenile court) counts as a strike under California three strikes law if three conditions are met:
- The conviction counts as a strike under the penal code definitions;
- The crime is listed in California Welfare and Institutions Code 707(b); and
- The person was at least 16 years of age when the offense occurred.
Juvenile Crimes That Count as Strikes Under California Three Strikes Law
Can the Court Excuse or Disregard Prior Strikes?
Yes. Under California Three Strike Law, a judge has the discretion to "strike" one or more strikes, so that they don't count against the current felony. The judge can do this before, during or after trial. A defense request for the court to dismiss a strike is called a "Romero Motion."
In deciding a Romero Motion, the court will consider all of the circumstances, including the nature of the current charge, how long ago the strike priors occurred, the underlying facts of the strike priors, and everything about the defendant's history.
Must the Prosecution Prove the Defendant Suffered the Prior Strike Convictions?
Yes. Absolutely. Before trial, the district attorney "alleges" in the charges that the defendant suffered one or more prior strike convictions. But as with all charges, these start out as mere allegations. The defendant is presumed innocent-in effect, the "strike allegations" are presumed false-unless and until the prosecutor proves them beyond a reasonable doubt.
If the accused is acquitted of the new felony charges, the strike allegations get set aside. If he is convicted of one or more of the felony charges, then he is entitled to a jury trial to determine whether the strike allegations are true. The prosecutor typically uses court records, prison records, fingerprint records and booking photos in attempting to prove that the accused did in fact suffer the alleged strike priors.
Additional Internet Resources Regarding Three Strikes Law
RAND Research on Three Strikes Law
Analysis of the benefits of, costs of and alternatives to California's
Three Strike Law, by researchers at California's RAND Corporation.
Families to Amend California's Three Strikes
Los Angeles-based action group committed to reforming Three Strike
Law so that it only applies to violent felonies.
Drug Policy Alliance
The Alliance is the nation's leading organization working to end the
war on drugs. We envision new drug policies based on science, compassion,
health and human rights and a just society in which the fears, prejudices
and punitive prohibitions of today are no more.
Barry Scheck's Innocence
Project
The Innocence Project at the Benjamin N. Cardozo School of Law at
Yeshiva University, founded by Barry C. Scheck and Peter J. Neufeld
in 1992, is a non-profit legal clinic and criminal justice resource
center. We work to exonerate the wrongfully convicted through postconviction
DNA testing; and develop and implement reforms to prevent wrongful
convictions.
Juveniles For Justice
Justice for Juveniles is a grass roots group of concerned parents,
grandparents, teachers, scholars, internet professionals, legal professionals
and many others dedicated to ending the prosecution and adjudication
of children as adults.
The Real Cost of Prisons
Project
The Real Cost of Prisons Project unites prison/justice policy activists
with political economists to create popular education workshops and
materials which explore both the immediate and long-term costs of
incarceration on the individual, her/his family, community and the
nation. The goals of the Real Cost of Prisons Project are to strengthen
and deepen the organizing capacity of grassroots prison/justice activists
and to broaden the public's understanding of the economic and social
consequences of mass incarceration.
Three Strikes & You're Out
Mike Reynolds' website supporting California's Three Strikes Law as it exists now.
