California Three Strikes Defense Lawyers – California penal code 667

Three Strikes Law Overview – California Penal Code 667

In 1994, California voters voted in favor of passing Proposition 184, which led to the creation of the current Three Strikes law.

The Three Strikes law is complicated and is composed of many different provisions. The most familiar and notorious provision of the law is located in California Penal Code section 667(e)(2)(A). Accordingly, this section provides that if a defendant has two or more prior serious or violent felony convictions and the defendant is later convicted of a third felony he or she shall be sentenced to a term of life imprisonment. In addition, the defendant shall serve a minimum sentence of 25 years in state prison or 3 times the sentencing term provided as punishment for the current felony conviction. In other words, being convicted of a serious or violent felony defined under California Penal Code 1192.7 and 667.5 count as one strike. If the defendant currently has two strikes and is later convicted of a felony, the defendant will face mandatory life imprisonment.

It is important to understand that committing any felony is not considered a strike. In order to be a strikable felony, the felony must be a violent felony (See Penal Code section 667.5) or a serious felony (Penal Code section 1192.7).

The intent of the legislature in enacting California Penal Code section 667 was to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of a serious and/or violent felony offenses.

If you or a loved one have been charged with a violent or serious felony, it is critical that you speak to an experienced criminal defense attorney immediately. The criminal defense attorneys at Wallin & Klarich have over 30 years of experience in handling all sorts of serious and violent felonies. Our Southern California attorneys will do a thorough investigation of all the facts and raise all possible defenses on your behalf. Facing a third felony conviction with the possibility of spending life in prison is a terrifying ordeal. Call Wallin & Klarich today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.