Rizio and Nelson California Law Blog

For almost 15 years California has had a ‘three strikes’ law that allows the court to sentence defendants harshly for any subsequent conviction of the same crime. It is crucial that you know that all crimes fall under this law, not just convictions on severe crimes such as rape or other violent felonies.

All felony convictions, including shoplifting, petty theft, drug conviction, and DUI are subject to California’s 3 Strikes Law. This dictates that any person who is arrested then found guilty of a ‘third strike crime is automatically sentenced a twenty five years term in prison and that at least 80% of that time MUST be served with only 20% credit for ‘good behavior’. It is also imperative that you know that this law is applied based on individual charges instead of not individual cases. For instance, if you are convicted of petty theft and assault in the same case, this would be ‘two strikes’ against you. To make matters more confusing, juvenile offenses (unsealed), convictions from other states, and federal court convictions can be counted under the three strikes law. Three strikes laws are also functional any time you are convicted as the result of a plea bargain.

The three strikes may be received in the commission of one misdemeanor or felony charge. For example, if charges are filed that include breaking and entering, possession of a controlled substance, and petty theft, then the third offense could then be tried as a ‘third strike,’ resulting in a prison term that could be up to 100 years long.

At Rizio and Nelson we know how confusing the Three Strikes law is in California and that the charges that may be filed against you or a loved one could add up to three different charges. We can work closely with you to find out what charges are being filed, what the arrest circumstances were and do our best to have those charges dropped or reduced (or, in DUI or drug cases, work with the District Attorney and the courts to request treatment through a alternative sentencing program), thereby skirting the three strikes issue.

Contact Rizio and Nelson seven days a week, twenty four hours a day and let us help you avoid a conviction that could result in being tried under California’s Three Strikes law. Our experienced attorneys are here to assist you and your loved ones.