Three Strikes Law
California Three Strikes Attorney
Orange County Three Strikes Defense Attorney | Los Angeles Three Strikes Lawyer
Orange County felony crime defense atttorney at Law Offices of Michael L. Guisti is a premier Southern California criminal attorneys specialize in three Strikes Law. We have decades of experience and a proven records of success indefending and dismissing Three Strikes charges. Our Orange County three strike defense lawyer and Los Angeles criminal defense lawyers have extensive experience in handling Three Strike cases throughout Orange County, Los Angeles, Irvine, San Diego, Riverside, San Bernardino, Newport Beach, Fullerton, Santa Ana, Westminster, Anaheim, Laguna Niguel and Huntington Beach.
In California, the Three Strikes Law is an extremely harsh punishment device against a criminal defendants. If convicted, a person will be sentenced to at least 25 years to life imprisonment. A Three Strike conviction may have a person spend the rest of his/her life in prison. One may never have the opportunity tobe with families, have a job, look after parents and children, or have a normal life.
However, it is not hopeless if you consult an experienced California criminal defense lawyer of Law Offices of Michael L. Guisti as soon as possible. Our highly-respected criminal attorneys have successfully helped hundreds of clients facing Three Strike charges in Orange County, Los Angeles, San Bernardino, Riverside and San Diego. We will utilize every possible way to keep you out of jail. Let us use the experience, skills and knowledge to protecting your rights and preserve your freedom.
Under California Three Strikes Law, if a person has 2 or more prior felony convictions, he will be sentenced to a minimum 25 years to life imprisonment at the third felony conviction. An enhanced sentence for any third felony conviction is mandatory, so long as the prior two convicted felonies were either violent and/or serious under California Penal Code Section 667.5 (c) and Section 1192.7(c).
California Penal Code Section 667.5.(c) lists all Violent Felonies which qualify as a strike. The most commonly seen violate felonies include:
- Murder and attempted murder
- Voluntary manslaughter
- Rape
- Robbery
- Arson
- Kidnapping
- Burglary
- Threats to victims or witnesses
- Carjacking
- Extortion
- Continuous sexual abuse of a child
- Any felony punishable by death or imprisonment in the state prison for life
- Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice
- Assault with the intent to commit a specified felony
California Penal Code Section 1192.7.(c) is a list of all Serious Felonies that qualify for the first two strikes. There is a big portion that overlaps between serious felonies and the above violate ones. Without repeating the above list, below are some commonly seen serious felonies:
- The use of exploding a destructive device or any explosive with the intent to injure, to cause great bodily injury or mayhem, or with intent to murder
- Burglary of an inhabited dwelling house, or trailer coach
- Bank robbery
- Holding of a hostage by a person confined in a state prison
- Any felony in which the defendant personally used a dangerous or deadly weapon
- Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine(PCP), or any methamphetamine-related drug
Note that a strike is counted by a charge, instead of a case. Therefore, a person can have two strikes from a single case if he/she has two felonies convictions. So the next time he/she is charged with a felony, the three strikes law will apply and impose an enhanced punishment.
Normally, a person needs to serve 50% of the entire sentence to qualify for parole. However, in the case of a Three Strike sentence, a person is not qualify for a parole until he completes 80% of jail time. Take the minimum 25 years sentence for example, a defendant needs to finish at least 20 years for parole eligibility.
The judge has broad discretion to decide whether to impose an enhanced sentence to a third strike crime. Defendant can petition to have the judge to do so by filing a Romero Motion. The court will take all factors and situation of the defendant and the case into consideration.
The rationale behind the Three Strike Law is to intimidate afrequent offender by significantly increasing the severity ofthe punishment. California adopted Three Strikes Law in 1994 and it has been a notably aggressive executor since. Due to the disproportionate server punishment, Three Strike Law is highly controversial among the country. It is harshly criticized by some social organizations accusing its inhumanity. Yet, the Supreme Court of United States announced it as constitutional in 2003. In particular, California Three Strike Law was upheld by the Supreme Court against attacks.
For the purpose of avoiding a Third Strike sentencing, we can file a Romero Motion to ask the court to disregard the prior convictions. We will also appeal to the jury to consider the third charge separately. This may result in a phenomenal difference where a defendant now may be required to serve less than 32 months rather than a 25 year to life imprisonment.
If you or your loved one is facing a enhanced sentence under Three Strikes Law, call the Law Office of Michael L. Guisti today at 714-530-9690 for a free consultation. We will inform you of your rights throughout the pre-trial process, explain you the elements that the prosecutor needs to prove for a conviction, familiarize you with all possible defenses you can assert, and defend you in court. Do not give up yet, let us fight for you!
