The Three Strikes Law in California: What Accused Individuals Need to Know
Imagine facing a life-changing decision in court—one where the outcome could mean spending the rest of your life in prison. For individuals in California, this is the harsh reality of the Three Strikes Law. Specifically designed to address repeat offenders, this law carries severe implications for those accused of multiple felonies.
If you or a loved one is involved in a case affected by the Three Strikes Law, it’s crucial to understand how the law works and how it could impact you. This guide provides a comprehensive overview to help you better prepare and make informed decisions about your defense.
Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
How Does the Three Strikes Law Work?
The Three Strikes Law is designed to progressively increase punishment for repeat offenders. Here’s a breakdown of how it functions:
- First Strike
When an individual is convicted of a serious or violent felony, it is classified as a “strike.” Some examples of serious felonies include burglary, robbery, and assault with a deadly weapon.
- Second Strike
IIf an individual has a prior strike and in the future is convicted of any felony, the punishment for that felony is doubled.
- Third Strike
The third conviction is where the law takes its harshest turn. Upon a third felony conviction, regardless of whether it is violent or non-violent, the individual can be sentenced to 25 years to life. This final strike has led many to serve life sentences for lesser crimes, such as theft or drug possession.
While this structure may seem straightforward, the implications are anything but. Cases get complicated when determining what qualifies as a “strike,” and additional nuances exist within the law.
Impact of the Law on Accused Individuals
For accused individuals, the Three Strikes Law is life-altering. Before this law, judges had significant discretion in sentencing repeat offenders. Today, the rigid mandates of the law can strip judges of this flexibility and place accused individuals in particularly difficult situations.
This law disproportionately impacts marginalized communities and those who lack access to quality legal representation. A third strike conviction often involves less-serious offenses, raising questions about the law’s fairness and effectiveness. A minor theft, for example, has famously resulted in a life sentence for some individuals.
The mental toll on accused individuals and their families cannot be understated. The looming threat of a 25-years-to-life sentence creates immense pressure, leaving those accused facing feelings of hopelessness and despair.
People v. Rogers
In 1997, Robert Wayne Rogers faced charges for four counts of robbery and false imprisonment involving the use of a firearm. The charges also included allegations that Rogers had been previously convicted of seven serious or violent felonies, all qualifying as strike priors under the Three Strikes law. By 1998, a jury found Rogers guilty of three counts of robbery and false imprisonment, while acquitting him of one robbery charge and rejecting one firearm use allegation. Consequently, the trial court imposed consecutive sentences of 25 years to life for each robbery conviction and stayed a two-year sentence for the false imprisonment charge. An additional consecutive term of 17 years was applied for sentencing enhancements, with the remaining trial court’s sentencing decision because the trial court failed to provide its reasoning on the record. remaining. With the enactment of Senate Bill No. 136 on January 1, 2020, prior prison term sentence enhancements were eliminated for all offenses except certain sexually violent crimes. Senate Bill No. 483 later made this change retroactive. Rogers subsequently petitioned to have his sentence recalled, but while the People argued that Senate Bill 483 could not amend a three-strikes sentence, the trial court ruled otherwise, prompting the People to appeal.
The appellate court reversed and remanded the trial court’s decision. Section 1172.75(a) specifies that “[a]ny sentence enhancement imposed before January 1, 2020, under Section 667.5(b) is invalid, except for those related to sexually violent offenses.” Typically, when a sentence is recalled, the resentencing court has broad authority to adjust any part of the sentence, not solely the recalled portion. Following this logic, the Court of Appeal concluded that the trial court was within its rights to strike Rogers’ prior strike. However, it ultimately overturned the trial court’s sentencing decision due to the failure to articulate its reasoning on the record.
Advice for Accused Individuals and Their Families
If you or someone you love is facing charges under the Three Strikes Law, here’s what you can do to protect yourself:
- Hire an Experienced Wallin & Klarich Attorney
A Wallin & Klarich experienced criminal defense attorney is essential to navigating the complexities of this law. We can build a strong defense, negotiate reduced charges, or argue against any errors in procedure.
Contact Wallin & Klarich Today
If you are facing criminal charges based on California’s Three Strikes Law, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
