What Is California’s Three Strikes Law?

California’s “Three Strikes” law is one of the most well-known sentencing laws in the state. Enacted in 1994 through Proposition 184, it was designed to deter repeat offenders by imposing increasingly severe sentences for individuals convicted of multiple serious or violent crimes. While it has been credited with reducing crime rates, the law has also led to some controversial outcomes. For San Bernadino criminal defense attorneys, the Three Strikes law presents unique challenges and requires specialized legal strategies when defending clients facing a third strike.

How the Three Strikes Law Works

The Three Strikes law mandates that individuals convicted of three felonies—or even just one violent or serious felony after two prior convictions—will face an enhanced sentence. The law specifically targets “strike” offenses, which include violent crimes such as murder, rape, robbery, kidnapping, and certain felonies involving weapons or aggravated circumstances.

Under the Three Strikes law:

1. First Strike: If an individual is convicted of a serious or violent felony, they are sentenced normally for that crime, but the conviction counts as the first “strike.”
2. Second Strike: If an individual commits a second serious or violent felony, they will receive double the normal sentence for that crime. For example, a person convicted of a second robbery would face a sentence twice as long as the typical sentence for a first-time offender.
3. Third Strike: If an individual is convicted of a third strike, the law mandates a 25-to-life sentence in state prison, regardless of the severity of the third offense. This means that someone who commits a third felony, even a less serious one, can be sentenced to life in prison without the possibility of parole.

How It Affects Sentencing

The Three Strikes law has significantly affected sentencing in California. For repeat offenders, especially those facing a third strike, it can result in lengthy prison terms. While it’s designed to incapacitate dangerous criminals, critics argue that it has led to disproportionate sentences for nonviolent offenders and those convicted of lesser felonies.

For instance, a person with two prior strikes may face a life sentence for a third conviction involving a relatively minor crime, such as shoplifting or drug possession—crimes that wouldn’t normally result in life imprisonment. This creates a significant sentencing disparity, particularly for those whose prior offenses were relatively minor.

In some cases, individuals with a third strike have been incarcerated for decades before their case is revisited. While some have received relief through parole or re-sentencing motions, the law’s inflexibility can trap individuals in the criminal justice system for life.

Legal Strategies for Defending a Client Facing a Third Strike

When defending a client facing a third strike, criminal defense attorneys must employ specialized strategies to minimize the potential consequences of the law. Several key approaches include:

1. Challenging the Classification of Prior Convictions: One of the first strategies a defense attorney might use is to challenge whether a previous conviction qualifies as a “strike” under California law. In some cases, a conviction that might initially seem to be a strike offense could be subject to legal challenges. For instance, the attorney might argue that a prior conviction was for a non-violent offense or non-serious felony that does not meet the legal criteria for a strike. Additionally, there are instances where prior convictions may be eligible for reduction or expungement, which could eliminate them from being counted as strikes.
2. Negotiating a Plea Bargain: In many cases, defense attorneys may negotiate a plea deal with the prosecution to avoid a third strike conviction. A skilled defense lawyer might work to reduce the charge or secure a plea to a non-strike offense. For example, a third strike offense could be negotiated down to a charge that does not qualify as a serious or violent felony, avoiding the harsh consequences of a life sentence.
3. Seeking a Sentence Reduction or Resentencing: In some instances, defense attorneys can file motions to reduce the sentence of a third strike defendant, especially if the defendant is serving time for a crime that is no longer considered a strike offense. Additionally, some individuals may be eligible for resentencing under Proposition 36, which allows for reduced sentences for individuals who have been convicted of non-violent third strikes.
4. Arguing for Compassionate Release or Parole: For individuals who have served long sentences under the Three Strikes law, defense attorneys may argue for compassionate release or seek parole after the person has demonstrated rehabilitation. If the person’s third strike was a relatively minor offense, defense lawyers may present evidence of the defendant’s transformation and argue that they no longer pose a threat to public safety.
5. Constitutional Challenges: In some rare cases, defense attorneys might challenge the constitutionality of the Three Strikes law, arguing that it violates principles of proportionality or constitutes cruel and unusual punishment. However, this is a difficult and uncommon legal strategy, as the law has been upheld by California courts and the U.S. Supreme Court.

Key Takeaways

California’s Three Strikes law has created significant challenges for those facing multiple felony convictions, particularly for those with a third strike. The law’s harsh sentencing rules can lead to life imprisonment for even relatively minor offenses. For defense attorneys, this necessitates a multifaceted approach, from challenging prior convictions to seeking plea deals or sentence reductions. While the Three Strikes law continues to play a pivotal role in California’s criminal justice system, defense lawyers must carefully navigate its complexities to secure the best possible outcome for their clients.