If you are convicted of a crime, the penalties you receive become much more severe if you have prior convictions. Depending on the seriousness of the offense, you can face longer jail time and higher fines. If you have been previously convicted of a serious crime and are facing new charges, you should retain the experienced Orange County three strikes lawyers at The Law Office of Scott D. Henry. Mr. Henry and his team of attorneys are dedicated to protecting your freedom and could work tirelessly to help you get a positive outcome.

What is the Three Strikes Law?

Lawmakers designed the Three Strikes Law to increase the length of sentences and the amount of fines for individuals who commit multiple serious felony offenses. It aims to keep repeat offenders of violent or serious crimes off the streets. The law mandates a sentence of 25 years to life if you are a repeat offender who is convicted of a third serious or violent felony. If you have just one strike on your record, you can face double the length of the typical sentence if you are convicted a second time for a serious felony offense.

Proposition 36

After the state enacted the Three Strikes Law, there were numerous cases where individuals were sentenced to 25 years to life because it was their third conviction even though the crime was not considered serious or violent. To address this issue, voters passed Proposition 36 in 2012. The proposition substantially revised the Three Strikes Law by:

  • Requiring a sentence of 25 years to life for a violent or serious felony when the offender has two or more prior convictions.
  • Allowing those previously sentenced under the Three Strikes Law to have their third sentence reduced to the lesser term of a second conviction sentence.

What Crimes are Considered Violent or Serious Under the Three Strikes Law?

Crimes listed in California Penal Code 1192.7 and 667.5(c) are considered serious felonies and count as a strike on your criminal record. The list includes any of the following:

  • Rape
  • Murder
  • Attempted murder
  • Voluntary manslaughter
  • Mayhem
  • Sodomy by force
  • Oral copulation by force
  • Arson
  • Assault
  • Assault with caustic chemicals
  • Assault with a deadly weapon
  • Assault with a deadly weapon by an inmate
  • Robbery
  • Kidnapping
  • Burglary in the 1st degree
  • Carjacking
  • Grand Theft with a firearm
  • Lewd or lascivious act on a child (under 14 years of age)
  • Criminal threats

It is important to note that crimes considered to be a strike vary by state and that out of state convictions that are considered strikes in California can count as a strike against you in Orange County. Additionally, an offender could receive multiple strikes in a single trial. For example, if an offender robs three individuals, he could receive a strike for each conviction. Depending on the charges you are facing, a local attorney could determine if you are at risk for receiving three strikes.

Contact an Orange County Three Strikes Attorney Today

If you are facing charges that could result in a strike, you should immediately contact an experienced Orange County three strikes lawyer. Scott D. Henry and his team have a proven track record of successfully defending clients facing charges that would result in a strike on their record. One of our skilled attorneys could work with the prosecutor to have the charge reduced to a crime that does not fall under the Three Strikes Law.

If you are facing serious or violent felony charges, there is too much at stake with the implementation of the Three Strikes Law. Even if you have no previous strikes on your record, being convicted and receiving your first strike can have dire consequences. Let seasoned defense attorney Scott D. Henry and his team fight aggressively to help you prevent a conviction. Our team’s skilled and determined approach to defending clients who face a strike on their record has had unparalleled results. We could help build a solid defense to help you fight the charges against you. Please call our office today for a free consultation.

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