CALIFORNIA’S THREE STRIKES LAW

Thousands of Californians have been caught in the net of the state’s controversial three strikes law. This law dictates that serious or violent felony convictions count as a strike. Felony manslaughter, rape, aggravated assault, robbery, and even burglary count as first- and second-strike offenses. Individuals with two prior “strike” convictions can be sentenced to life in prison for a third felony conviction even if it is a non-violent offense.

Under the three strikes law, your punishment for a non-violent felony conviction can be doubled merely because you have a single strike on your record. For example, someone with a prior felony burglary conviction who is facing three years in prison for a drug charge can be sentenced to six years in prison because of the prior offense.

Your attorney may file a Romero motion to challenge one or more of your prior felony convictions. In some cases, the court will strike a prior conviction from consideration in a second- or third-strike case if your lawyer demonstrates just cause.

Of course, the most effective way to ensure that you avoid the consequences of a third strike is to avoid getting convicted. Your lawyer will analyze every aspect of the prosecutor’s case and work hard to craft a solid defense.