California's Three Strikes Law
Los Angeles Criminal Defense Attorney
Our state's Three Strikes Law makes it possible for a third-time felon to be incarcerated for life, without the possibility of parole. The law is California Penal Code, section 667, and it mandates that those who are repeat offenders must face harsher sentences with each conviction.
The types of crimes that count as "strikes" are usually, but not always, those that are considered serious felonies or
violent crimes. Offenses such as
sex crimes (rape and others),
vehicular manslaughter, certain
assault with a deadly weapon crimes, arson, kidnapping specific
drug crimes and others will all count as a strike against you.
The term "Three Strikes" comes from the fact that if you are convicted for a third felony, whether it was a strike offense or not, it will result in a mandatory sentence of 25 years to life in prison. If you face felony charges, all possible must be done to get them reduced or dismissed or a finding of "not-guilty" obtained at trial. If you have one or more felony convictions, it becomes even more urgent that you increase your chances for a favorable outcome by using a proven Los Angeles criminal defense lawyer from Diamond & Associates.
Avoiding a Strike Conviction
Even if you have just one strike against you, conviction on a second strike offense will put a limit on how much your sentence can be reduced for good behavior. This second strike will also result in having your prison sentence automatically doubled.
One of our first goals is to try to get your strike offense changed to a non-strike charge or have it reduced down to a misdemeanor. This can help avoid the increasingly severe penalties for subsequent strike convictions. We apply our criminal defense experience towards investigating your situation thoroughly and finding where the police or prosecutors have made errors and using this to your benefit. In some cases, we can ask the court to remove a prior strike from your record. In others, a third strike may result in cruel and unusual punishment and we may seek leniency from the court by having them ignore prior strikes in your sentencing. Our purpose is to keep seeking the solution that will result in the best result possible in your case.
Contact a Los Angeles criminal defense attorney
to learn how the "Three Strikes Law" and its harsh penalties can be combatted.