California's Three Strikes Law

Under California’s Three Strikes law certain violent or serious offenses can be used by the prosecution to lengthen an individual’s prison term. A person with one prior ‘Strike’ offense can be sentenced to prison for twice as long as is normally allowed. For instance, a person charged with auto theft has the maximum exposure of three years. If the same person has a prior ‘Strike’, the maximum sentence becomes six years. A person with two prior ‘Strike’ offenses can face twenty-five years to life in prison. Furthermore, a ‘Strike’ makes an individual ineligible for probation.

California’s Three Strikes law only applies to felonies. Nonetheless, if a person has a prior ‘Strike’, their sentence can be enhanced even if the new offense is not violent or serious. As such, sentences are commonly lengthened for crimes such as theft and simple drug possession.
A person falling under California’s Three Strikes law can move the court to dismiss the prior offense by filing a Romero Motion. Once stricken, the sentence cannot be doubled and the person becomes eligible for probation.

A ‘Strike’ offense has serious ramifications to a person’s future. Any person charged with a ‘Strike’ offense should consult an attorney before making any decisions. Selecting an attorney is often a difficult process. Be sure to discuss with whomever you choose, any and all viable defenses. Should fighting your case at trial not be the best option, talk to your attorney about the possibility of an alternative sentence, such as community service, electronic home monitoring or work furlough. A plea bargain can often be negotiated to reduce fines or allow for an extended payment period.

Contact the Law Offices of Ross Green for a free consultation. Ross has over eight years of experience with California’s Three Strikes law. All possible defenses will be explored and your rights clearly explained.

Defense Criminal Attorney San Mateo County Redwood City California's Three Strikes Law