Orange County Third Strike Cases
What is the California "Three Strikes And You're Out" Law?
On March 7, 1994, California Gov. Pete Wilson signed into law AB 971, which recommended increasing prison sentences of those convicted  of felonies who have been previously convicted of a violent or serious felony. In November 1994 California voters overwhelmingly approved Proposition 184 and made it the most important change to the state's criminal justice system in more than a generation.
The Three Strikes Law basically limits the ability of offenders to receive a punishment other than a prison sentence. Violent and serious felonies listed under state law include murder, robbery, assault with a deadly weapon, rape and other sex offenses. But the list of offenses that come under the purview of this law also include crimes such as residential burglary and assault with the intent to commit a robbery.
Most Offenders Trapped by Nonviolent Offenses
The purpose of this Three Strikes Law was to root out repeat offenders and to strongly discourage recidivism or return to a life of crime. But according to a study done by the California Legislative Analyst's Office, data received during the first eight months of the law's implementation showed that 70 percent of all second and third strikes were for "nonviolent and nonserious offenses." The largest single category for third strike charges was found to be burglary, which is defined by law as a "serious charge." Still, it is a nonviolent crime. Other categories include possession of a controlled substance and petty theft, with a prior theft.
The Problem with Three Strikes and You're Out
Unlike federal laws, which could be uniformly applied, the Three Strikes law varies from state to state. In a nutshell, if you are convicted of a crime three times, there is no judiciary discretion in sentencing. What this means is a judge cannot use his or her discretion to decide that there is still hope for a defendant to rehabilitate. Regardless of the circumstances and the judge's beliefs, the offender must go to prison without the possibility of parole.
Your Only Hope
If you have been arrested for a potential third strike, your only hope is to hire a knowledgeable skilled Orange County three strikes defense attorney. At Coffey & Coffey, our Orange County third strike defense lawyers have a track record of getting the best results for our clients. This is one of our specialized practice area and we know what can be held against you and what cannot be held against you. We are here to protect your constitutional rights. Call Coffey & Coffey immediately to schedule a complimentary appointment.
Home > Areas of Practice > Third Strike Cases |
