What is The Three Strikes Law in CA?

The three strikes law in CA imposes more severe sentences on people who have three convictions for specific felonies. Many states have similar laws for habitual offenders. However, California’s law is significantly harsher and more punitive. Under the law, a three-strikes offender will receive double the sentence for a felony conviction if they have a previous serious felony conviction.

In addition, it imposes a sentence of 25 years to life imprisonment for any felony conviction when an offender has committed two previous violent or serious felonies. Offenders will not get a chance to reduce their sentence for working or good behavior in prison. They will also be ineligible for parole until they’ve served 80% or more of their sentence.

Does The Three Strikes Law Actually Work?

Since the three strikes law passage in 1994, approximately one in four three strikes offenders are serving 25 years to life or double their sentences in the state. Unfortunately, most of them are nonviolent offenders. Empirical research also consistently found that the three strikes law had little to no impact on crime rates. Three studies actually found that it raised the murder rates. On top of all that, various studies have found that the CA three strikes law:

• Has been disproportionately and inconsistently applied against people of color (POCs). Approximately 80% of offenders in CA prisons are POCs, and 90% of those were younger than 25 years old when they committed their offenses.
• Has had major negative consequences for the children of three strike offenders.
• Has and continues to negatively affect the state’s finances due to overcrowded prisons.
• Has no time limit on when a previous strike could be, while many states have implemented washout periods after five to 10 years, depending on the offense.
• Still applies to specific felony offenses committed when offenders were juveniles. Since the law doesn’t consider the time between convictions, you can receive a strike even if you were convicted of a felony many years before.
• Has always doubled the sentence, even if the offender’s current crime should not be considered as a strike. Roughly 25% of three strikes offenders who are serving double sentences due to a previous strike are in prison for a current crime that is not explicitly classified as serious or violent under the California Penal Code. Many of these criminal offenses are considered wobblers, which means the prosecution has the power to charge them either as felonies or misdemeanors. In addition, while courts have the discretion to dismiss previous strikes and disregard them when deciding on a sentence, this happens rarely.

Seek Legal Advice From an Experienced CA Criminal Defense Lawyer

Due to the complexity, potential issues, inconsistent application, and ever-changing nature of the three strikes law, it’s in your best interest to discuss your case with our CA criminal defense lawyer if you’re facing criminal charges. To schedule your free case evaluation with the CA criminal defense lawyer at Bamieh & De Smeth, fill out our online contact form or call us at 805-643-5555.