Three Strike Cases

California's Three Strikes Law, while well intentioned, is a complete disaster resulting in non-violent offenders serving life in prison and causing California's prison system to burst at the seams. 

The driving force behind California's Three Strikes Law was the Polly Klaas sexual assault and murder case which occurred in 1993 in Northern California.  It was a tragic case in which 12 year old Polly Klaas was kidnapped from her home during a slumber party with her friends.  Polly was later found strangled to death after having been sexually assaulted.  Her killer, Richard Allen Davis, was a career criminal who was on parole for a kidnapping charge.  He had been in and out of prison for committing serious and violent felonies virtually all of his adult life.  People reasoned that if Davis would have been sentenced to Life in prison after one of his previous serious or violent felonies, he would not have been free to kidnap and kill young Polly Klaas.  Thus, Three Strikes was born. 

Anyone who is convicted of a "strike offense" as outlined in the Penal Code is subjected to an enhanced penalty consisting of double the prison term and reduced conduct credits among other things.  If a person has two strike offenses and commits a new felony he receives a mandatory 25 to Life Sentence. 

Here is where the problem lies.  A man can steal a bike out of a residential garage when he is 20 years old (Residential Burglary - a Strike); threaten to beat up somebody if they don't give him their wallet when he is 25 years old (Strong-Arm Robbery - Strike); then steal children's videos out of a Wal-Mart when he is 35 years old and that man is going to do 25 years to life in prison.  Now no one suggest this person should not be punished, even given prison time…but LIFE!! 

Unfortunately, the brightest criminal defense minds have pointed out the flaws in the law all the way to the U.S. Supreme Court to no avail.  The example I described above is similar to the case heard by the U.S. Supreme Court in deciding whether California's Three Strikes Law was cruel and unusual punishment under the U.S. Constitution's Eighth Amendment.   The Supreme Court affirmed that man's conviction and upheld the law as written.

There have been attempts to change the Three Strikes Law so that only a third serious or violent felony conviction results in a 25 year to Life conviction, but those attempts have failed. 

So the reality is we are stuck with the Three Strikes Law as written.  If you or your loved one is facing 25 to life based on prior strike offenses, it is important to get an experienced Defense Attorney on your side.  There are issues to look for such as, are the prior strikes from another State, if so then it may not qualify as a strike offense in California.  If the strike offense was committed as a juvenile it can be alleged if the conviction occurred after the juvenile's 16 ^th birthday.  I had a case recently, where my client was charged with a juvenile strike and convicted two months BEFORE his 16 ^th birthday.  That strike was dismissed and my client received probation and credit for time served. 

Finally, a judge has the ability to "strike a strike" in order to prevent a person from serving 25 to Life.  However, a motion has to be filed detailing the reasons a judge can and should strike that person's strike; this is called a Romero motion. 

Thus, it is crucial you hire an attorney who has handled Three Strike Cases and litigated them successfully.  I have handled countless Strike cases and been successful in keeping clients from serving life in prison.  Let me help you.