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Three Strikes
Three strikes is a sentencing scheme in California that dramatically increases punishment for people that are repeat offenders.
If you or someone you care about has been charged with a felony, and has a prior criminal record, it is critical to consult with a skilled criminal defense attorney right away.
Sentencing Under Three Strikes A defendant who commits any felony, that has two or more strike priors, must be sentenced to at least 25-years-to-life in State Prison.
A defendant who commits any felony with one strike prior must be sentenced to a doubled term on the current felony.
The current felony does not have to be a serious or violent felony. It is where the prior convictions are serious or violent felonies that the 3-Strikes law comes into effect.
Also unique in 3-Strikes cases is the reduction in A good behavior credits. A defendant who commits a felony with one strike prior must serve at least 80% of their sentence in prison; good behavior credits cannot exceed one-fifth of the total prison term. Compare this to non-strike cases, where up to 50% of the sentence may be reduced because of good behavior credits.
What is a Strike? A strike is a prior conviction of a serious or violent felony. They are listed in the California Penal Code. Serious felonies are listed at Penal Code Section 1192.7 (c), while violent felonies are listed at Penal Code Section 667.5 (c).
The 3-Strikes law went into effect on March 7, 1994. This means that the current felony must have occurred after the effective date to trigger 3-Strikes sentencing. However, the prior strike convictions could have occurred at any time. This means that priors from before March 7, 1994 count as strikes, even though the 3-Strikes law had not been implemented yet.
If you or a loved one has been charged with multiple felonies and are facing a three strikes case, contact Adam S. Pearlman today for a free consultation.
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