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Three Strike Law
Three Strikes Law - California Defense Attorneys

In 1994 California voters approved a ballot initiative known as "Three Strikes and You're Out." Basically what it means is that people who are convicted of three felonies may end up facing life in prison. It imposed longer prison sentences for certain repeat offenders. Specifically, it requires that a person who is convicted of a felony and who has been previously convicted of one or more violent or serious felonies, be sentenced to state prison as follows:

  • Second Strike Offense. If a person has one previous serious or violent felony conviction, the sentence for any new felony conviction (not just a serious or violent felony) is twice the term otherwise required under law for the new conviction. Offenders sentenced by the courts under this provision are often referred to as “second strikers.”
  • Third Strike Offense. If the person has two or more previous serious or violent felony convictions, the sentence for any new felony conviction (not just a serious or violent felony) is life imprisonment with the minimum term served being 25 years.

Persons with a felony conviction on their record need to be aware that the California three Strikes Law does not require that the 'new' felony be a serious or violent felony - any felony charge will do, and can send you to prison for life. Of particular concern are charges known as "wobblers". “Wobblers” can move back and forth between the felony and misdemeanor categories, depending on what the prosecutor decides to pursue. A somewhat notorious example of these crimes involves the theft of food or other items, usually by people with prior theft crimes. They are charged with a “wobbler” crime as a felony and that results in a “third strike” (and life sentence).

If you have recently been arrested and/or charged with a crime and have a criminal record that includes any serious or violent felony convictions, you need to contact our experienced defense attorneys today! California's Three Strikes Law may apply to your case and the penalties can be dire. Our lawyers can help to prepare your defense for trial, and/or begin to negotiate a plea-bargain with the prosecutor. Three Strike cases require a lot of legal skill and experience and should be handled only by a trial lawyer who has a lot of experience with Three Strike cases. Contact Us Online or Call Today! 1-800-221-7798

Related Criminal Law Topics
- California Felonies
- California Misdemeanors
- Probation Violations

 
 
 

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