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Three Strikes Attorney

Criminal Defense in San Bernardino

In 2012, Prop 36 passed, making thousands of prisoners serving life sentences eligible to have their sentences modified so that they can be released. If you or a loved one are seeking relief from the three strikes law, it is necessary to file a petition with the superior court, and it is legally complex. It is best to have an attorney do it.

If your family member, significant other of friend is now serving a life sentence, set up a consultation with a three strikes attorney at our firm. Now is your chance to have that loved one home!

Three Strikes Law

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 face 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).

Prop 36 - The New "Three Strikes" Law

Under the 2012 amendment to the "Three Strikes" Law, offenders can seek relief from a life sentence in prison if his or her third strike was a non-serious, non-violent crime and the judge decides that a re-sentence will not pose an unreasonable safety risk to society.

However, felons facing a life sentence whose third strikes involved certain sex or drug crimes, or crimes related to possession of a firearm, are not eligible for relief under the law's 2012 amendment, even if those crimes were non-serious or non-violent. Furthermore, regardless of the nature of the third strike, a convicted person is ineligible for relief if one of his or her prior strikes was for murder, rape, or child molestation.

Defense for Strike Cases

Once the district attorney charges you with having a prior strike, your attorney will need to challenge the strike. One way is to show that the prior conviction was invalid for some reason. Another way it to have your three strikes 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!

Do you want to know more about the three strikes law? Do you have a case? Call the San Bernardino three strikes defense lawyer for a free initial consultation.