California Three Strikes Law

California Three Strikes Lawyer

California has enacted a “Three Strikes Law” designed to punish repeat offenders.  The law designates certain felonies as “strikes”.  A strike is a serious or violent felony, as defined by Penal Code sections 667.5 and 1192.7.  The law increases penalties if defendants have strikes on their record.  “Three Strikes” is actually a misnomer, since two strikes and a third non-strike can lead to a life sentence.

How does Three Strikes work?

If a defendant is convicted of a strike offense, then the next time he is charged with any felony, his sentence range doubles.  For example, if a person with a strike on their record is charged with second degree burglary, then the low term of 16 months is doubled to 32 months; the mid term of 2 years is doubled to 4 years; and the high term of 3 years is doubled to 6 years.  It doesn’t matter if the new felony is a strike.  The sentencing range doubles for ANY new felony. 

If a defendant has two strikes on their record, then the next time he is charged with a  felony, he could be punished by life imprisonment.  Again, the new felony doesn’t have to be a strike.  In California, petty theft with a prior can be charged as a felony.  So if a defendant has two strikes on his record, a petty theft charged as a felony could lead to life imprisonment.

Two strike offenses can be earned from the same case.  This is especially dangerous in that one crime can lead to two strikes, which in turn makes the defendant susceptible to life imprisonment if just one thing goes wrong in his life.

Strikes are permanent.  A defendant can be given a higher sentence even if the strike occurred thirty years ago.

Romero Motions

A Romero motion is a motion by the defense requesting that the judge ignore one or more of the defendant’s prior strike offenses for sentencing purposes.  Fred Thiagarajah has successfully argued this motion before a judge in order to get a better result for his client.

List of Strikes

The following is a list of common strike offenses:

Arson– Penal Code sections 451 & 452

Assault with a deadly weapon – Penal Code section 245

Assault with intent to commit felony – Penal Code section 220

Burglary of the first degree – Penal Code section 459-460(a)

Carjacking– Penal Code section 215(a)

Continuous sexual abuse of a child – Penal Code section 288.5

Criminal Threats – Penal Code section 422

Lewd or Lascivious Act on a child under the age of 14 – Penal Code section 288

Oral Copulation (under certain circumstances) – PC 288a(c) or (d)

Rape

Robbery – Penal Code section 211

Sexual penetration (under certain circumstances) – PC 289(a) or (j)

Sodomy (under certain circumstances) – PC 286(c) or (d)

Threats to victims or witnesses – PC 136.1

Voluntary manslaughter

Any felony punishable by death or life imprisonment

Any felony in which the defendant personally used a dangerous or deadly weapon, including firearm

Any felony where the defendant personally inflicts great bodily injury on another person (other than an accomplice)

A complete list of strike offenses is listed in Penal Code sections 667.5 and 1192.7.

Other Consequences

Not only can a strike conviction lead to higher criminal penalties, but it can also have drastic employment, licensing and immigration consequences.  Any strike conviction is considered to be one of the worst offenses possible.  Having a strike conviction can prevent a person from finding a job or lead to a person being fired from their current job.  Furthermore, many professions that require licensing from a state board, such as doctors, pharmacists, nurses, lawyers, accountants, contractors, teachers, real estate agents and stock brokers, all require background checks.  A professional who has a strike conviction on their record risks losing their professional license, or never acquiring it in the first place.  Perhaps the most severe impact of a strike conviction involves immigration consequences.  Non-citizens who are permanent residents, with green cards, or temporary visitors, with a visa, can be denied admission, denied naturalization or even deported, with almost any strike conviction on their record.

The Right Lawyer

Choosing the right criminal defense lawyer will be the most important decision someone can make when a facing a strike charge.  You need an attorney who will listen to your side of the story carefully, who will evaluate the evidence thoroughly, who will negotiate with the judge and the District Attorney’s office skillfully, and who will fight in trial aggressively.  You need an attorney like Fred Thiagarajah. 

As a former Deputy District Attorney, Fred Thiagarajah has the negotiating skills and trial experience necessary to get the best results for his clients.  For an example of his work, please see his case results on strikes  and read his client testimonials.  With offices in Newport Beach, Beverly Hills and Riverside, Fred Thiagarajah has criminal defense experience in Orange, Los Angeles and Riverside Counties.

Fred Thiagarajah – The Right Lawyer.  The Right Result.  The Right Choice.

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