Most people know that when you’re playing baseball, if you get three strikes then you’re out. California has a similar law that’s referred to as the three strikes law. Essentially, if you get three felony convictions then you’re out. Out of what? Out of luck. Say goodbye to your job, your family, and your hopes and dreams. If you get a third strike then you could be facing a very long time behind bars – as long as life.
That said, there is good news. Depending on the specifics of your case, and the skill of your criminal defense attorney, you could be able to avoid these life-changing circumstances. Before we explain how, let’s cover the basics of the three strikes laws. Read on, learn more, and then reach out to Law Office of Michael L. Fell at (949) 585-9055 for a free consultation.
A new conviction comes with a longer prison sentence
The original three strikes law was introduced way back in 1994. The purpose was to try and prevent felons from committing additional crimes after their release from prison. The way it worked was that if you were convicted of a second felony, your sentence would be twice as long as it would have been for the same crime if it had been your first offense.
For example, if you were convicted if a drug crime that typically came with a four year sentence, you’d get eight years if it was your second felony offense. If you already had two felonies on your record when convicted of a third, you’d get a minimum sentence of 25 years in prison to life behind bars.
Changes were made but they didn’t fix the problem
You may remember that in 2012, Proposition 36 was passed by voters and it did change the law somewhat. Today, the third strike is only an “out” if that crime was a violent and / or serious crime. This prevents someone from being sent to prison for a relatively minor drug offense, but it still allows the courts to double the sentence of someone who’s convicted of a second felony.
At Law Office of Michael L. Fell, we find these laws frustrating. We believe that the punishment for a crime should be based on that crime – not on your past. Each person should face an appropriate punishment for what is in front of them – not what’s behind them.
We may be able to help you avoid being a victim of the three strikes laws
In some cases, we can have a prior offense removed from your record. This helps you avoid a situation in which you get mixed up in trouble in the future and end up with double the prison sentence. We may even be able to convince the court to dismiss a previous conviction after you’ve been arrested for your second. We simply need to convince the judge that giving you double punishment would not be in the spirit of the law. To learn more about your options when facing second or third strike, reach out to Law Office of Michael L. Fell at (949) 585-9055 today.
