Three Strikes Law Attorney in California
3 Strikes Law in California
California's three-strikes sentencing law significantly increases the prison sentences given to individuals convicted of a felony offense with prior felony convictions on their criminal records. A person convicted of a felony who already had a felony conviction (or "strike") on his/her record was sentenced to twice the term otherwise provided for that crime.
A person who was convicted of a felony after two prior convictions received a prison term of 25 years to life with no time off for good behavior or working while in prison.
From the start, the three-strikes law has been broadly criticized for being unduly harsh and the main contributor to overcrowding in California prisons. In 2012, voters approved Proposition 36, which essentially removed the mandatory 25 years to life sentence for those who received their third strike if the crime was not a serious or violent felony.
Although Proposition 36, which is also known as the Three Strikes Reform Act of 2012, introduced some sensibility to California sentencing guidelines, the original law still doubles the length of a sentence for a person with two felony convictions—a "second striker."
Whether you are facing a second or third strike on your record, it is crucial that you speak with the Fresno criminal defense attorneys from Schweitzer & Davidian right away. Call us today to schedule a free consultation.
Removing Prior Strikes from Your Arrest Record
Over the years, California courts have received broader discretion in dismissing a strike prior if it is determined that the strike falls "outside of the spirit" of the three-strikes law.
Factors the court considers include:
- How old the prior conviction is
- Whether the defendant has avoided legal trouble since the conviction
- Whether the defendant was employed during the previous conviction and the present arrest
- The nature of the prior conviction and the present felony charge
The Fresno County criminal defense lawyers at Schweitzer & Davidian have a thorough understanding of what circumstances can lead to the removal of strike priors in order to avoid the law's harsh minimum sentences. In some cases, a prior conviction that resulted in a strike can be challenged and shown to be a non-strike offense.
Work With Our Firm to Reduce or Eliminate Consequences
If you face a felony charge and sentencing under the three-strikes law, it is critical to work with a Fresno defense attorney who has a proven track record of successfully obtaining dismissal of strike priors and minimizing the impact of a felony conviction.
We are here to review the details of your case and provide a candid assessment of what we feel can be accomplished. We serve clients in Fresno County, the Central Valley and throughout California. We have offices in Clovis and Visalia.
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