How will the Three Strikes law impact your case?

On Behalf of | Nov 9, 2020 | Criminal Defense

Under the Three Strikes law in California, offenders convicted of a second felony after a previous violent or serious felony conviction can receive twice the mandatory minimum prison sentence. A person who receives a third felony conviction must serve at least 25 years and up to life in prison.

If you are facing a second or third felony charge, learn how the state’s Three Strikes law may impact your sentence in case of a conviction.

Applicable felony charges

Felonies which fall under the Three Strikes law and result in a state prison sentence include but are not limited to:

A conviction for any of these crimes or an attempt to commit any of these crimes constitutes a strike.

Provisions of the Three Strikes law

After a strike conviction, the sentence can be doubled for any subsequent felony conviction and you would then serve at least 80% of the doubled sentence. In contrast, someone without a previous strike would be released after serving 50% of the prison time. Upon a third strike conviction, a sentence of 25 years to life can be imposed.

Despite the state’s sentencing framework, a judge has the final say in applying the Three Strikes law. If you have a minor or nonviolent felony (a drug offense, for example) after a second or third strike conviction, the judge may dismiss the strikes for purposes of sentencing.

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