California’s Three Strikes Law

One of the most well-known sections of California law is the Three Strikes Law. The Three Strikes Law was designed to deter criminals from repeating crimes and keep California's streets safer. Robust debates exist over its effectiveness, but Californians charged with crimes must consider the serious nature of having a strike on their record. Even with revised legislation, a third strike typically results in a life sentence. Every strike in California should be fought against, and only a relentless criminal defense attorney will fight for clients to avoid this from happening.

The Three Strikes Law Debate

The Three Strikes Law requires a mandatory increase in sentencing for certain felony convictions. The severe consequences are meant to discourage people from committing crimes and keep dangerous criminals behind bars. In California, strikes on a criminal record have dire consequences because the sentencing becomes more severe with each one. Many argue that California’s Three Strikes Law is flawed and only creates crowded prisons while taking money away from schools and firefighters. Funding prisons to accommodate the increased inmate population and aging inmates on life sentences caused many Californians to take a second look at the law.

Initially embraced by the state's residents, the people of California soon opposed the overcrowded prisons and increasing medical costs of the aging inmate population that fell on taxpayers. In response, Proposition 36 passed in 2012. Prop 36 modified the law so that the third strike must be a serious or violent crime unless the perpetrator is a rapist, child molester, or murderer. Previously, the third strike could be any minor felony. After Prop 36 passed, inmates who would be eligible for release under the new terms hired excellent defense attorneys to ask for a reduced sentence and release.

Ensuring the Best Defense Against Charges

The only way to ensure you have the best legal representation is to hire a private criminal defense attorney. Although it is the law to appoint a defense attorney to every defendant, there have been times when the lack of zeal of an appointed attorney has resulted in someone innocent spending years in jail. Trial attorneys assigned by the court have stacks of cases. There have been instances where trial attorneys do not call witnesses or do much to help the defendant fight the charges against them. It is critical to fight diligently against any criminal charges with an experienced defense lawyer with experience fighting to keep strikes off the record. If you know someone at risk of getting a strike on their record in California, please tell them to get in touch with an experienced Three Strikes Defense Attorney that will meticulously comb through the case details.

Once someone reaches three strikes, they face life imprisonment. Although parole is an option after the mandatory percentage of the sentence is served (and this varies depending on the crimes), having a strike on your record is life-altering and should be considered serious. Strikes impact family, friends, neighborhoods, employment, housing, and more. Fighting charges to avoid a strike can be done with a dedicated and excellent criminal defense attorney by your side. Having someone experienced in The Three Strikes Law and its interpretations in California must be handled by a professional who can present the most favorable defense possible.

Fortunately, it is not possible to get two strikes for one crime. This was changed in 2014 by the California Supreme Court to ensure that one offense could not result in multiple strikes against someone. However, strikes should be avoided at all costs. As mentioned, under the new law guidelines, some inmates can ask for parole after the minimum percentage of the sentence is served. However, parole can be denied, so it is critical not to depend on this and risk getting a strike on your permanent record. An excellent criminal defense attorney can request for a strike to be stricken. It is a mistake not to have someone reputable representing your request to the judge or District Attorney. Some of the things that a defense attorney will look at are the crimes and ages at the time that resulted in strikes.

If you are in San Diego and seeking the best legal representation possible, contact Joni Eisenstein. Eisenstein offers more than 30 years of experience fighting for clients facing strikes in San Diego County. No better criminal defense attorney is available to clients wanting to keep their records clean. The Law Office of Joni Eisenstein is always available to hear the details of your situation. Every criminal case is unique, and there are many defenses that people are generally not aware of that a criminal defense attorney can bring to light. Attorney Eisenstein is well-regarded in her field and has a reputation for relentlessly gathering information, witnesses, and evidence to protect her clients’ records.