What is three strikes law

A third major criticism of three strikes laws is that some wobbler offenses may be included. These types of offenses can be considered as either a misdemeanor or a felony, depending on the circumstances.

Therefore, if a defendant has two previous felony convictions and is charged with a wobbler crime, the court has the discretion to consider the third crime as a felony. This permits the court to impose a harsher sentence even if the crime committed would normally be classified as a misdemeanor. To compare, a defendant who is convicted of 2 felonies and a subsequent wobbler crime can be subject to the three strikes law. However, a defendant who is convicted of a wobbler crime and then 2 subsequent felonies may not trigger the three strikes law, even though the crimes may have been exactly the same.

This creates a discrepancy in sentencing. Because of the criticisms discussed above, many individuals do not favor three strikes laws. Some would like them to be abolished. Others would like to limit them to very serious felonies, including high level drug crimes and violent crimes. A felony conviction can have serious and life-long consequences and possibly subject you to a three strikes law, even many years later. Additionally, three strikes laws vary greatly across the states.

These laws carry very serious penalties for repeat offenders. An attorney can review the facts of your case, advise you on what laws apply to you, and represent you during any court proceedings. Jennifer Corbett. Jennifer joined LegalMatch in as a Legal Writer. She holds a J. She is a certified mediator and guardian ad litem.

She holds a B. She is a stay-at-home mom and homeschool teacher of three children. She enjoys reading and long evening walks with her husband. Jose Rivera. Law Library Disclaimer. For example, under California's three-strikes law , a defendant who is convicted of a felony and has previously been convicted of two or more serious or violent felonies must receive an "indeterminate term of life imprisonment.

While three-strikes laws aim to reduce violent crime and address individuals whose conduct have not been deterred by more conventional approaches to punishment, they have been subject to constitutional challenges.

Once a defendant files what is called a Romero Motion, the judge assesses the circumstances of the case to determine if a dismissal is appropriate. The recent revisions to the Three Strikes Law under Proposition 36 give those who were convicted of crimes no longer included in the legislation the chance to appeal their sentences.

If their appeal is successful, the defendant may have a chance at an early or immediate release. Spolin Law P. Call us or reach out online to learn how we can handle your Writ of Habeas Corpus.

Laws and courts sometimes refer to these defendants as "career criminals" or "habitual offenders. Three strikes laws generally deal with serious and violent offenses. Common crimes considered "strikes" include rape, murder, arson, and robbery. But the lists of "strikes" vary by state—some include nonviolent offenses like treason, drug trafficking, felony theft, and bribery. The number of strikes that trigger an "out" also differs from state to state.

In some states, two strikes can result in a sentence of life in prison without parole. In others, it takes three or even four strikes to get a long repeat-offender sentence. Some states impose enhanced penalties after having just one strike on your record—in addition to the maximum sentence imposed after three strikes. No consistent definition for "out" exists among states either. Longer sentences stemming from three strikes laws can range from 10, 15, or 25 years to life in prison.

In some states, a life sentence allows for the possibility of parole after the defendant serves a certain number of years, while in others parole is out of the question. Suppose Jason committed two serious, violent felonies 20 years ago. He served his time in prison. After being released, he stole a car and was charged with a felony. Under a three strikes law in his state, Jason could be sentenced to 25 years for stealing the car because it was his third strike.