Three Strikes Law in California
California law allows for the "striking out" of criminal defendants in appropriate cases
where the accused has a record of serious or violent felonies. This law has been
commonly referred to as the "3 strikes law" and has created significant controversy
in legal circles. Fortunately, the law allows for an "escape valve" for certain criminal
offenders to avoid the very heavy sentences contemplated by the three strikes law.
In the seminal case of People v. Romero, (1996) 13 Cal 4th 497, the California
Supreme Court considered whether the “Three Strikes” law stripped trial courts of
the power to strike serious or violent felony convictions. The Supreme Court
found the law did not bar a trial court judge from striking a prior felony conviction
even if the prosecutor objects. The court ruled unequivocally that California trial
courts retain their Penal Code §1385 power to dismiss "Strike Priors" in certain
cases. The District Attorney always maintains the power to dismiss the case as well.
Under California's three strikes law if a person has two or more convictions for any
serious or violent felony and subsequently gets arrested for any new felony, he or
she is now facing life in prison, regardless of whether the new felony case is a
serious or violent felony. If the defendant has only one prior conviction for a serious
or violent felony and subsequently picks up a new felony of any kind, he is now
facing a doubling of his sentence if he is convicted on the new case.
When the Court strikes a prior it prevents that conviction from being used to
enhance or increase a person's sentence. For example, if a defendant was looking
at 6 years in state prison due to a prior strike if the Court dismissed or "struck" the
strike then the defendant would only be looking at 3 years on the case. Another
example would be if an individual was facing 25 years to life due to 2 or more strikes
on his record, if the Court granted a request to "strike" one or more of the priors
then the person would no longer be looking at a 25 year to life sentence.
There have been many recent decisions in which Judges have taken the step of
dismissing prior felonies in order to spare what some believe is an unduly harsh ,
perhaps even draconian sentence. For example, in 1997 in the case of People v.
Bishop the California Supreme Court found there was no abuse of discretion in
dismissing two of the defendants three "Strike" priors even though the defendant
committed the current offense three days after being released from prison and he
had eight or nine prior felony convictions for which he spent terms in prison. The
Court of Appeals found that the interest of justice justified the dismissal because: 1)
the defendant's "Strike" priors were all between 17 and 20 years old; 2) the
defendant's age (50); 3) the defendant was charged in the current offense with a
relatively minor crime (theft of six video cassettes); and 4) the substantial current
sentence of 12 years in prison.
Also instructive, is People v. Superior Court (Alvarez) (1997) 14 Cal 4th 968,
where the California Supreme Court decided trial judges had the power to reduce
wobblers to misdemeanors, even where so-called "Strike Priors" are alleged that
would normally make an offense a second or third strike case. The Alvarez court
discussed the factors appropriate for a trial court to consider in deciding whether to
reduce a wobbler. The court stressed that in addition to considering public safety,
trial courts should weigh the individual characteristics of the defendant against the
crime committed.
Relying on other cases, the Appellate Court explained the relevant factors for
reducing a felony to a misdemeanor include "the nature and circumstances of the
offense, the defendant’s appreciation of an attitude towards the offense, or his traits
of character as evidenced by his behavior and demeanor at the trial." Moreover,
the Court rejected the position that a defendant's extensive record should always
outweigh all other considerations. The Court found that the defendant did have a
substantial criminal history, however his priors were relatively old and had not
involved violence, and he had cooperated with police. The trial Court expressly held
that these factors justified reduction of the wobbler to a misdemeanor in order to
avoid the defendant having to go through the Felony Process or suffer a conviction
for a "Strike Prior".
If you or a loved one have a 3 Strikes case pending in Long Beach or any other Los
Angeles Court call us for a free, honest assessment of the case.
San Pedro Criminal Defense Lawyers
where the accused has a record of serious or violent felonies. This law has been
commonly referred to as the "3 strikes law" and has created significant controversy
in legal circles. Fortunately, the law allows for an "escape valve" for certain criminal
offenders to avoid the very heavy sentences contemplated by the three strikes law.
In the seminal case of People v. Romero, (1996) 13 Cal 4th 497, the California
Supreme Court considered whether the “Three Strikes” law stripped trial courts of
the power to strike serious or violent felony convictions. The Supreme Court
found the law did not bar a trial court judge from striking a prior felony conviction
even if the prosecutor objects. The court ruled unequivocally that California trial
courts retain their Penal Code §1385 power to dismiss "Strike Priors" in certain
cases. The District Attorney always maintains the power to dismiss the case as well.
Under California's three strikes law if a person has two or more convictions for any
serious or violent felony and subsequently gets arrested for any new felony, he or
she is now facing life in prison, regardless of whether the new felony case is a
serious or violent felony. If the defendant has only one prior conviction for a serious
or violent felony and subsequently picks up a new felony of any kind, he is now
facing a doubling of his sentence if he is convicted on the new case.
When the Court strikes a prior it prevents that conviction from being used to
enhance or increase a person's sentence. For example, if a defendant was looking
at 6 years in state prison due to a prior strike if the Court dismissed or "struck" the
strike then the defendant would only be looking at 3 years on the case. Another
example would be if an individual was facing 25 years to life due to 2 or more strikes
on his record, if the Court granted a request to "strike" one or more of the priors
then the person would no longer be looking at a 25 year to life sentence.
There have been many recent decisions in which Judges have taken the step of
dismissing prior felonies in order to spare what some believe is an unduly harsh ,
perhaps even draconian sentence. For example, in 1997 in the case of People v.
Bishop the California Supreme Court found there was no abuse of discretion in
dismissing two of the defendants three "Strike" priors even though the defendant
committed the current offense three days after being released from prison and he
had eight or nine prior felony convictions for which he spent terms in prison. The
Court of Appeals found that the interest of justice justified the dismissal because: 1)
the defendant's "Strike" priors were all between 17 and 20 years old; 2) the
defendant's age (50); 3) the defendant was charged in the current offense with a
relatively minor crime (theft of six video cassettes); and 4) the substantial current
sentence of 12 years in prison.
Also instructive, is People v. Superior Court (Alvarez) (1997) 14 Cal 4th 968,
where the California Supreme Court decided trial judges had the power to reduce
wobblers to misdemeanors, even where so-called "Strike Priors" are alleged that
would normally make an offense a second or third strike case. The Alvarez court
discussed the factors appropriate for a trial court to consider in deciding whether to
reduce a wobbler. The court stressed that in addition to considering public safety,
trial courts should weigh the individual characteristics of the defendant against the
crime committed.
Relying on other cases, the Appellate Court explained the relevant factors for
reducing a felony to a misdemeanor include "the nature and circumstances of the
offense, the defendant’s appreciation of an attitude towards the offense, or his traits
of character as evidenced by his behavior and demeanor at the trial." Moreover,
the Court rejected the position that a defendant's extensive record should always
outweigh all other considerations. The Court found that the defendant did have a
substantial criminal history, however his priors were relatively old and had not
involved violence, and he had cooperated with police. The trial Court expressly held
that these factors justified reduction of the wobbler to a misdemeanor in order to
avoid the defendant having to go through the Felony Process or suffer a conviction
for a "Strike Prior".
If you or a loved one have a 3 Strikes case pending in Long Beach or any other Los
Angeles Court call us for a free, honest assessment of the case.
San Pedro Criminal Defense Lawyers
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The information contained on this page is informational in nature and is not intended to provide specific legal advice regarding any
given criminal case, for individual legal advice contact a lawyer for a private consultation.
Expungement of Criminal Convictions Clear convictions|| California DUI Law including consequences a conviction might have on
your record|| Drug Possession sales and personal use Search and Seizure Law in Wilmington || Solicitation of Prostitution in
Harbor City II Actual Long Beach Criminal Case Results || Domestic Violence cases II Long Beach Lewd Act in Public Defense II
DUI Arrest in Signal Hill || Felony Case Process || Lineups , motions to exclude evidence Pre-Filing Criminal Investigation ||
California Three Strikes Law motions to strike priors Miranda Rights || Legal Resources Directory that includes referrals to other
attorneys outside Long Beach || San Pedro DUI Attorney and progressive criminal lawyer II Drunk in Public charges near Belmont
Shore and Shoreline Drive Redondo Beach DUI Lawyer || Rancho Palos Verdes Criminal Attorney ||
The information contained on this page is informational in nature and is not intended to provide specific legal advice regarding any
given criminal case, for individual legal advice contact a lawyer for a private consultation.
