Three Strikes and Your Out (or rather “in” jail)
Posted on March 6, 2008
Filed Under Criminal Law |
One of California’s most controversial laws over the years is what is known as the “Three Strikes Law” which basically states that if an individual is convicted of multiple felonies (three to be exact) his/her sentence will be quite severe, potentially even leading to a life sentence (potentially up to 50 years in prison).
A number of crimes fall into the category of “three strikes” offenses, including among others:
- murder or manslaughter
- rape
- lewd act on a child
- child abuse
- arson
- attempted murder
- grand theft involving a firm arm
None of these offenses is a particularly tame subject, and in fact this law was enacted to help prevent violent crime and punish repeat offenders. However, what has also occurred is an overcrowded prison system and people getting serious prison sentences for sometimes seemingly innocuous crimes (i.e. minor drug offenses, minor burglaries).
There are a number of stories of both men and women spending serious time in jail for crimes that seemed to be a distant memory or crimes that didn’t seem to add up to much.
Another major problem is that one felony can sometimes count as two different strikes for one individual, meaning it would take only two actual offenses to put that person behind bars for decades. Now there California prisons are often at 200% capacity, and the tangled web of law is increasingly difficult to interpret.
Here are some tips, ways to get help or think through the challenges people face when the possibility of a third strike is eminent:
- Find a quality attorney who can possibly negotiate or get a plea deal to turn a strike into something more tame.
- Agree to an extreme amount of community service so that the court is willing to not only have mercy, but where it can possibly monitor your behavior.
- Understand that there are no statutes of limitations on strikes. Meaning that a burglary committed in 1960 is still a strike in 2008.
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