Defending Three Strikes Cases

Since 1994, the three strikes law has inflicted havoc on many thousands of criminal defendants.  Felony convictions going back many decades (well before the three-strikes law took effect) suddenly became strikes because they made it on the list of strike offenses.  So, a person with two burglary convictions in the 1970's and a small drug case in 2010 could be charged as a three striker and fact life in prison.  Ridiculous, but it happens.  If a person has only one prior strike, any sentence on any new felony is doubled.  Also, the defendant serves 80% of the sentence, rather than the usual 50% (or 35% if the defendant goes to fire camp). 

Once the district attorney charges you with having a prior strike, that strike must be attacked.  One way is to show that the prior conviction was invalid for some reason.  Another way it to have your lawyer convince the judge that he or she should dismiss the strike in the interests of justice.  Rarely, but on occasion, the district attorney will dismiss a strike as part of a plea bargain.

If you are charged with a crime and a strike is involved, you need an attorney who is effective at going back in time and researching the validity of what the prosecutor is now calling a prior strike.  Many prior convictions have been shown to have been invalid, for a variety of reasons, and therefore can't be used as a strike.  Defending strike cases requires good research & writing skill, and a lot of perseverance by your lawyer.  Remember, a three strike case carries the same penalty as first degree murder!

If you want to know about the three strikes law in general or have your own case involving strikes, call the San Bernardino, Riverside & Inland Empire Three Strikes Defense Lawyer for a free consultation.