#Three strikes law states code

He is arrested for possession of hallucinogens for sale. 8Įxample: Manuel has prior convictions for residential burglary and for robbery. What if you have two strike priors for serious or violent felonies-but your current felony charge is NOT for a “strike” offense? In that case, your third strike sentence will be double the normal sentence for that felony. If both of these are true, then you face a sentence of twenty-five (25) years to life for your current charge.

You are currently charged with another serious or violent crime felony.

You have two (2) prior convictions for serious or violent felonies AND.

How does California’s three-strike sentencing work?Ĭalifornia’s three-strikes sentencing law requires longer, harsher prison sentences for felony defendants who have any “strike” priors. History of California three strikes law and criminal justice reformġ. How can I fight a charge in a three-strikes case?

How do I appeal a three strikes sentence? What crimes count as strikes under California’s three strikes law? Custody credits and consecutive sentences How does California’s three-strike sentencing work?

Our California criminal defense attorneys answer the following questions below: You may also be able to apply for parole. If you or a loved one are serving time under three strikes, you may be able to get the sentence reduced. Some people who were sentenced as “strikers” in the past would not be today. Or you can fight to have a felony charge reduced to a misdemeanor.Ĭalifornia’s three-strikes law has changed a lot over the past decade. You can ask a judge to remove a strike prior by way of a Romero motion. You can fight a California three strikes sentence in different ways. She is charged with grand theft for shoplifting from a jewelry store. Because carjacking is a serious felony, she is a “second striker.” 6 This means her potential prison term for the grand theft charge will be twice as long as the normal sentence.

Sophia has a prior conviction for carjacking.

5 But Mark is a “third striker.” So he faces a mandatory sentence of 25 years to life. 4 Normally the maximum prison sentence for California burglary is only six years. (This is a “serious felony.” 3) A decade later, he is charged with burglary of a residence, another serious felony.

Mark has two prior convictions for robbery.

Here are some examples of defendants who could face a longer sentence under California three strikes: (ii) Imprisonment in the state prison for 25 years.” , the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greatest of: (i) Three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior serious or violent felony convictions.

f a defendant has two or more prior serious or violent felony convictions. the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction.

(1) If a defendant has one prior serious or violent felony conviction.

#Three strikes law states code

Second strikers also receive a double sentence under Penal Code 667. Three strikes law also doubles the prison sentence for people convicted of any California felony who have two violent felony or serious felony priors. 1 The law is codified in Penal Code Section 667 PC. California’s three-strikes law is a sentencing scheme that gives defendants a prison sentence of 25 years to life if they are convicted of three or more violent or serious felonies.