Three Strikes

In part one of our Three Strikes Law discussion, we covered the reasons that the law was enacted in the first place and what it means to people who are facing their third felony offense in California. Part 2 will discuss the views of the law’s opponents and how the law can be more harmful than helpful.

In previous cases, some criminal suspects have received a 25 year to life state prison sentence, when their third felony offenses have involved seemingly minor non-violent crimes, such as stealing chocolate chip cookies, as was the case with Kevin Weber, who had 2 prior felony convictions for burglary and assault with a deadly weapon. Weber was convicted under the Three Strikes Law to 26 years for stealing chocolate chip cookies from a restaurant, because of his two previous felony offenses.

Another problem with the Three Strikes Law is its detrimental impact on the plea bargain system. Based on the Three Strikes Law, a plea bargain counts as a conviction which can be used later to implement the 25 year to life prison sentence, even if the plea bargain occurred when the offender was a juvenile. In other words, mistakes that resulted in juvenile convictions can later be used against adult offenders to invoke an enhanced state prison penalty.

Despite obvious flaws with the Three Strikes Law, the U.S. Supreme Court held that the initiative does not violate the 8th Amendment against cruel and unusual punishment. Thus, people convicted of their third felony still stand the risk of receiving 25 years to life sentences in state prisons for less serious offenses that normally would not receive such harsh prison time.

Are you or a loved one facing a third felony conviction in California? If so, you could be at risk for serving 25 years to life in California state prison. The Santa Ana criminal defense attorneys of the Law Offices of Jeremy N. Goldman have years of legal expertise in defending against Three Strikes Law convictions. When your freedom is at risk, our Orange County three strikes defense attorneys provide an aggressive for your rights. For your free legal consultation, contact our office today at 1-800-349-1619.

In this two part series, we’ll be discussing the flaws of the California Three Strikes Law which legislators passed in 1994 under Proposition 184. According to the California Legislative Analyst’s Office, the primary purpose of the law was to decrease the incentives for first-time offenders to continue to repeat criminal behavior by increasing the amount of jail time imposed on a convicted felon.

Based on the Three Strikes Law, a person convicted of a felony for a violent or serious offense for the third time would receive a state prison sentence of 25 years to life. Examples of violent offenses include murder, robbery, rape, and sexual assault offenses. Serious offenses can include burglary of a home or assault with intent to commit a robbery. Unlike violent offenses, serious offenses may involve instances where a person is not harmed during the commission of the crime. However, those convicted of serious offense felonies would still receive the same type of punishment as those convicted of violent offense felonies.

The Three Strikes Law increases the stringency of the punishments against felony offenders by also implementing consecutive 25 year sentences for each felony where a person who commits multiple felonies for the third time can receive 50 years or more of state prison time. Hence, opponents of the law argue that the main problem with the law is that it enacts penalties that may not be proportional to a person’s crime.

If you or a loved one has been charged with a third strike offense, it’s critical that you contact an experienced Orange County criminal defense lawyer. A third strike offense, no matter how small or how large can jeopardize your entire future. The aggressive criminal defense attorneys at The Law Offices of Jeremy N. Goldman have the knowledge and experience you need to defend your rights in a court of law. For more information, call 1-800-349-1619 today.