Since 1994, California has had a ‘three strikes’ law that allows the court to sentence you very harshly for any conviction over two for any type of crime. It is critical that you understand that ALL crimes fall under our three strike laws, not just convictions on severe crimes such as Three Strike, rape or other violent felonies.
All felony convictions, including shoplifting, petty theft, drug conviction and driving under the influence are subject to California’s 3 Strikes Law. This in effect ensures that any person who is arrested and subsequently found guilty of a ‘third time’ crime is automatically sentenced to twenty five years in prison and that at least eighty percent of that time MUST be served with only twenty percent credit for ‘good behavior’. It is also critical that you understand that this law is applied based on ‘individual charges’ and not necessarily individual cases. So for instance, if you are convicted of petty left and also convicted of assault in the same case, then this would be ‘two strikes’. To make matters more confusing, juvenile offenses (those that are not sealed), convictions from any state, federal court convictions – all without regard to when the conviction took place – can be counted under the three strikes law. Three strikes also are applied any time you are convicted as a result of a plea bargain.
To further complicate matters, the three strikes may be accumulated in the commission of a single misdemeanor or felony charge. For instance, if charges are filed that include(d) (a) breaking and entering; (b) possession of a controlled substance and (c) petty theft then the third (and technically most minor offence) could then be tried as a ‘third strike’ case resulting in a sentence that could potentially be as many as one hundred years (under California’s 3 strike law).
At Rizio and Nelson we understand how confusing the Three Strikes law is in California and we also understand that the charges that may be filed against you or a loved one could conceivably add up to three separate charges. Let us help – we will provide expert legal counsel – we can work closely with you to find out (a) what charges are being filed; (b) what the circumstances of the arrest were and (c) do our utmost to have those charges dropped/reduced or in the event of DUI or drug cases work with the District Attorney and the courts to attempt to get treatment through a diversion program, thereby avoiding the three strikes issue. Contact Rizio and Nelson seven days
a week, twenty four hours a day and let us help you through the
intimidating and frightening process of a conviction that could
result in additional charges being tried under California’s
Three Strikes law. Our expert attorneys are here to assist you and
your loved ones.
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