California’s three strike law used to be one of the most outrageous penalties in the nation, let alone California. Over the years, California citizens have taken action to modify the law. Originally, anyone who was convicted in California of three seperate felonies would have a 25-years-to-life mandatory sentence, regardless of the nature of those crimes. Now, the three strike law is reserved for those who commit serious or violent felony offenses.
Those who had previously been affected by the three strikes law have the ability to appeal their sentence under certain circumstances.
According to California Penal Code 667.5, felonies that can trigger the three strikes law tend to be of a violent nature and include, but are not limited to:
- Attempted Murder
- Corporal Injury
- Lewd acts with a Minor
- Oral Copulation
- Sexual Penetration
More information on these crimes and their individual penalties can be found in our article directory for California Penal Codes.
The following could be considered an example of a person for which the three strike law may apply:
Barry has been in and out of jail and prison for his entire life. Whenever he hits the streets, he tries to get on the straight and narrow, but at this point, Barry really doesn’t know how to live any other way. To get some much needed cash, Barry burglarizes a person’s home. A neighbor of the home that was burglarized noticed that Barry’s vehicle was suspicious and wrote down the license plate. Three days after the burglary, Barry was arrested in his home and charged with first degree burglary. Later, prosecutors notice that Barry has prior offenses for rape and domestic violence. Barry now faces a possible life sentence as a result of his burglary offense being charged as a third strike.
If you are facing a potential Three Strikes Law, under CPC 667.5 for violent felonies, the OC criminal defense attorneys at MacGregor & Collins can help you. We will work tirelessly in your defense to help provide you with the best possible case outcome. Call us today to take advantage of a free consultation with a criminal defense lawyer committed to each and every one of his clients.