Three Strikes Law
California’s three strikes law requires very high mandatory minimum sentences for certain types of repeat felony offenses, called “strikes.”
In California, a conviction of certain types of crimes, including robbery, residential burglary, violent crimes, or crimes deemed “serious” are considered “Strikes” under California’s Three Strikes Law. In addition, any felony in which a deadly weapon was used is also a “Strike.”
People with a ‘strike’ conviction on their record are subject to increased penalties. For example, for any subsequent felony, whether it is a strike or not, the prison sentence will double. With two felony strikes, a third felony conviction comes with a mandatory prison sentence of 25-years to life, and can be imposed even if the third felony is not a strike-able offense, or even a serious felony.
Unfortunately for many individuals who have two strikes on their record, aggressive prosecutors file any new cases against those individuals as a “third strike” regardless of the circumstances of the case, since a prosecutor’s record of looking “tough on crime” may help to advance his career as a prosecutor or for political office.
Strategies for Defending a Third Strike
When facing a third “strike” charge, it is more necessary than ever to prepare a winning defense strategy and leverage all available resources in order to discourage the prosecutor from pursuing a Third Strike conviction. Prosecutors do not like to lose a case, and when faced with a solid aggressive defense, will drop the special allegation rather than take a chance on losing the case because of “over-reach”. This strategy can be a highly effective defense when executed by an experienced, aggressive, well-known and respected trial lawyer.’
Motion to Strike the Strike
Even in cases where the prosecutor’s office simply refuses to negotiate away a strike allegation, The Baum Law Firm does not stop there. The firm will continue to provide an aggressive defense for the client by filing a Motion directly with the Judge requesting that the Judge strike a prior strike if in such case the imposing of the three-strikes law would be unjust.
Call us for a free confidential consultation to review your options today!
The Baum Law Corp. has extensive experience throughout Southern California including Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Santa Barbara County, and Ventura County.
In Los Angeles County, The Baum Law Corp. routinely handles cases in:
Airport Court (LAX), Alhambra, Antelope Valley (Lancaster), Antelope Valley Juvenile, Bellfower, Beverly Hills, Burbank, Catalina, Central Arraignment (Bauchet), Compton, Downtown Los Angeles (CCB), Downey, East Los Angeles, Eastlake Juvenile, El Monte, Glendale, Hollywood, Inglewood, Inglewood Juvenile, Long Beach, Malibu, Metropolitan (Hill Street), Newhall, Norwalk, Pasadena, Pomona, Torrance, San Fernando Valley, Santa Clarita (Valencia), Van Nuys, West Covina, and Whittier.