California's "Three Strikes" Law

LOS ANGELES THREE STRIKES LAWYER
California's "Three Strikes" law is more complicated than the name suggests.  It's not exactly like three convictions and you're out.  Only certain offenses, mostly violent felonies, are "strikes" under the law.  Prior convictions for non-strike offenses do affect sentencing, but not in the same way that strike priors do. 

Another difference between the law and it's baseball namesake is that a batter isn't punished for the first two strikes.  Not only do strike offenses generally carry high sentences, but they have a substantial effect on all future convictions.  If a defendant has one strike prior, any new felony conviction could mean DOUBLE the prison term.  A defendant with two strike priors faces a 25 to life prison sentence for a third strike conviction.

The US Supreme Court has ruled the law constitutional, over 8th Amendment (right against cruel and unusual punishment) objections.  For any Constitutional Law nerds out there, note that the court applied the rational basis test to these cases, effectively saying that a Bill of Rights Amendment is not a fundamental right that triggers strict scrutiny in judicial review.

Three Strikes laws were popular in the early 1990s, but have been heavily criticized in recent years.  These laws contribute to the mass incarceration plaguing the United States, often locking up elderly people for crimes committed decades earlier. 

Some examples of strike offenses include:

• Murder/Attempted Murder and Voluntary Manslaughter
• Mayhem
• Rape
• Forcible Sodomy/Forcible Oral Copulation
• Assault with Intent to Commit Rape or Robbery
• Assault with a Deadly Weapon
  
• Arson
• Robbery
  
• Kidnapping
• Carjacking
  
• A Felony Involving the Personal Use of a Deadly or Dangerous Weapon as Defined by Criminal Statute
• Providing Drugs to a Minor
• Carjacking
• Aggravated Assault
• Discharge of a Firearm into an Inhabited Building
• Child Molestation
• Dissuading a Victim
• Criminal Threats (felony)
  
• Possession of a Weapon of Mass Destruction

Effect on PC 4019 Credits
Strike offenses not only affect sentencing on future crimes, but also affect the good time/work time credits that inmates get applied towards their sentence.  Generally, inmates do 50% of their time.  Those convicted of strike offenses will often do more than 50%.  Those convicted of a first offense for a violent felony must do 85% of their sentences.  A strike prior would likely mean doing 66% of a sentence on a new felony, even if the new offense is not a strike.

Three Strikes Law Put To The Test


If you have been arrested or charged with a strike offense, or charged with any offense with a strike prior, it is important that you have a dedicated, knowledgeable Los Angeles Criminal Defense Attorney on your side.  Contact the Law Offices of Nicholas Loncar anytime for a free consultation and case evaluation with a criminal defense lawyer.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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