Our Law Firm Has Been Featured on All of the Above Media Outlets
Please fill out the form and someone will be in touch with you shortly.
Payment Plans
In the world of criminal law, few statutes carry the weight and potential consequences of the Three Strikes Law. Designed to significantly increase prison sentences for repeat offenders, this law can have a profound impact on the lives of those facing felony charges. If you find yourself in this situation, it’s crucial to understand the intricacies of the law and have a dedicated legal advocate fighting for your rights. At the Law Offices of David S. Chesley, our experienced attorneys are committed to providing the knowledgeable guidance and aggressive representation you need to navigate this complex legal landscape.
The Three Strikes Law is a sentencing scheme that dramatically increases prison sentences for individuals convicted of a felony who have two or more prior convictions for violent crimes or serious felonies. While variations of this law exist in several U.S. states, California’s Three Strikes Law is among the most well-known and stringent.
In California, the Three Strikes Law is codified in Penal Code Sections 667 and 1170.12. Under this law, a defendant with one prior “strike” conviction (a serious or violent felony) who is convicted of any new felony faces a prison sentence twice the term prescribed for the new offense. A defendant with two or more “strikes” faces a mandatory state prison sentence of 25 years to life for any new felony conviction, regardless of its severity.
It’s important to note that while this overview focuses on California’s law, the specifics of Three Strikes legislation can vary by state. Consulting with an attorney well-versed in the laws of your jurisdiction is essential.
The consequences of a conviction under the Three Strikes Law are severe and life-altering. The law’s intent is to deter repeat offenders from committing further crimes, but the result can be decades behind bars, even for relatively minor offenses.
If an offender has one prior serious or violent felony conviction, the sentence for any new felony conviction is doubled. This means that even a non-violent felony can result in a significantly extended prison term.
The harshest penalties are reserved for offenders with two or more prior serious or violent felony convictions. In these cases, any new felony conviction, regardless of its nature, can trigger a mandatory sentence of 25 years to life in prison.
The gravity of these penalties underscores the importance of having a skilled legal advocate in your corner when facing charges that could lead to a strike conviction.
While the consequences of the Three Strikes Law are severe, there are defenses and strategies that a knowledgeable attorney can employ to fight the charges or mitigate the potential sentences. Some common defenses include:
One strategy is to argue that a previous conviction does not qualify as a strike under state law. This may involve demonstrating that the prior offense does not meet the criteria for a serious or violent felony as defined in the Penal Code.
In some cases, the best defense is to challenge the prosecution’s case on the current charges. An attorney may present evidence or alibis to argue that the defendant did not commit the alleged felony.
If there were constitutional issues with a defendant’s prior convictions, such as inadequate legal representation or a plea that was not knowingly and intelligently made, an attorney may argue that those convictions should not be counted as strikes.
In California, a “Romero” motion allows the court to dismiss or “strike” prior felony convictions from consideration in sentencing under the Three Strikes Law, if doing so would serve the interest of justice. Courts consider factors like the nature of the prior offenses, the defendant’s criminal history, and the seriousness of the current charge when deciding these motions.
Facing felony charges in a state with a Three Strikes Law can be an overwhelming and frightening experience. The potential consequences of a conviction can be life-shattering, impacting not only your freedom but also your family, your future, and every aspect of your life. That’s why it’s essential to have a dedicated and experienced legal advocate fighting for you.
At the Law Offices of David S. Chesley, our attorneys have the knowledge, skill, and determination to provide the powerful defense you need. We will:
With our extensive understanding of California’s Three Strikes Law and our commitment to defending our clients’ rights, you can trust that your case is in capable hands.
If you or a loved one is facing felony charges in California that could lead to a strike conviction, don’t wait to seek the experienced legal representation you need. Contact the Law Offices of David S. Chesley today at (800) 755-5174 for a confidential consultation. Our attorneys are available 24/7 to provide the guidance and advocacy you need during this challenging time.
With strategically positioned offices throughout Southern, Central, and Northern California, we’re always in your corner, no matter where you are in the Golden State. From the bright lights of the big city to the quiet streets of the suburbs, the Law Offices of David S. Chesley has got your six.
The Three Strikes Law is a sentencing scheme that significantly increases prison sentences for individuals convicted of a felony who have two or more prior convictions for violent crimes or serious felonies. In California, under Penal Code Sections 667 and 1170.12, a defendant with one prior “strike” conviction faces a doubled prison sentence for any new felony. A defendant with two or more “strikes” faces a mandatory 25 years to life sentence for any new felony, regardless of its severity.
In California, “strikes” are prior convictions for serious or violent felonies, as defined in the Penal Code. These include crimes such as murder, rape, robbery, arson, kidnapping, and certain types of assault. It’s important to consult with an experienced criminal defense attorney to determine whether a prior conviction qualifies as a strike.
If a defendant has one prior strike conviction and is convicted of any new felony, the sentence for the new felony is automatically doubled. This means that even a non-violent felony can result in a significantly longer prison term under the Three Strikes Law.
If you have two or more prior strike convictions and are convicted of any new felony, you face a mandatory state prison sentence of 25 years to life, regardless of the nature or severity of the new felony. This is the harshest penalty under California’s Three Strikes Law.
Yes, in some cases, your attorney may be able to argue that a prior conviction does not qualify as a strike under California law. This may involve demonstrating that the prior offense does not meet the legal criteria for a serious or violent felony, as defined in the Penal Code.
A Romero motion is a legal motion that allows a California court to dismiss or “strike” prior felony convictions from consideration in sentencing under the Three Strikes Law, if doing so would serve the interest of justice. If granted, a Romero motion can help reduce the potential sentence you face. Your attorney can advise you on whether a Romero motion is appropriate in your case.
If you are facing felony charges in California that could result in a strike conviction, it is crucial to seek the help of an experienced criminal defense attorney as soon as possible. Do not try to handle the situation on your own or make any statements to law enforcement without consulting a lawyer first. Your attorney can protect your rights, investigate your case, and develop the best defense strategy for your unique circumstances.
An experienced criminal defense attorney can thoroughly analyze the evidence against you, identify weaknesses in the prosecution’s case, and develop a strong defense strategy. This may involve challenging the validity of prior strike convictions, presenting evidence of factual innocence, or filing a Romero motion to have prior strikes dismissed. Your attorney can also negotiate with prosecutors and advocate for your rights in court.
The Law Offices of David S. Chesley has a team of experienced criminal defense attorneys who are dedicated to protecting the rights of individuals facing Three Strikes charges. We offer personalized attention, thorough case investigation, and aggressive representation to fight for the best possible outcome in your case. With our extensive knowledge of California’s Three Strikes Law and our commitment to our clients, you can trust that your case is in capable hands.
If you or a loved one is facing felony charges in California that could lead to a strike conviction, don’t hesitate to contact the Law Offices of David S. Chesley for help. We offer confidential consultations and can be reached 24/7 at (800) 755-5174. With offices strategically located throughout Southern, Central, and Northern California, we are always ready to fight for your rights and protect your future, no matter where you are in the state.
