California Three Strikes Defense Lawyers – California penal code 667

Three Strikes Law – Ex Post Facto Violation – California Penal Code section 667 

 

 

 

 

Under both the federal and state constitution, ex post facto laws are unconstitutional. An ex post facto law is basically any law that punishes a crime retroactively. In other words, California may not criminalize actions that were legal when committed; or aggravate a crime by bringing it into a more severe category than it was in at the time it was committed; or alter or increase the punishment prescribed for a crime, such as adding new penalties or extending prison terms.

California courts have held that the Three Strikes law prescribing enhanced penalties for later crimes do not violate the prohibition against ex post facto laws, even though the increased penalties were enacted after the original offense. Therefore, the constitution does not prevent the application of the three strikes law to a later offense solely because the prior conviction which served as a basis for the enhancement was committed before the passage of the three strikes law. In other words, if you were convicted of a serious or violent felony before the passage of the Three Strikes law in 1990, that prior conviction will apply in determining whether or not you qualify for an enhanced prison sentence. (See People v. Jackson (1985) 37 Cal.3d 826, 833; People v. Williams (1983) 140 Cal. App.3d 445, 448.)

The penalty for a felony conviction, with two prior serious or violent felony conviction is severe. If you or a loved is facing a charge of any felony and currently has two prior serious or violent felony conviction, it is critical that you speak to an experienced criminal defense attorney immediately. At Wallin & Klarich, our attorneys have over 30 years of experience in handling a wide spectrum 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 possible strike and being sent to state prison for life 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.