Three Strikes

California Three Strikes Law

California’s Three Strikes Law is one of the most severe sentencing laws in the country.Three Strikes law was designed for a defendant convicted of any new felony having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime.  In 2012 California Voters passed Proposition 36  which modified the Three Strikes law.  Under the previous law the third strike could be a violent or non violent felony.
With the passage of Prop 36  the maximum sentence can only be imposed when the new felony conviction is a serious or violent or for a minor felony crime if the perpetrator is a murderer, rapist, or child molester.

At Fiumara & Milligan Law, PC  we work diligently to protect clients from the devastating consequence of the inflexible and often irrational Three Strikes Law.

Consequences of Conviction

Anyone who has a prior strike and is convicted of a felony, whether or not it’s serious or violent, may receive a sentence that is double the county jail or state prison term for the offense. Even a juvenile offense may constitute a strike in some situations.

If you’re convicted of a second strike, you also must serve a minimum of 80 percent of your sentence to be eligible for early release. Other negative consequences that accompany strike offenses include ineligibility for probation and the requirement of a state prison sentence as opposed to being held in a facility designed to promote rehabilitation.

The Three Strikes Law becomes particularly oppressive for anyone who suffers a third strike. If you suffer a third felony conviction with two strike priors, even if it’s a nonviolent and non-serious “wobbler” offense, you must be sentenced to prison for a minimum of 25 years to life. The judge has no discretion.

It goes without saying that when you face a strike offense, a conviction can have a catastrophic impact on your future and your family. However, the prosecutor must prove each strike allegation in addition to proving the elements of the current charge beyond a reasonable doubt.

Defense Strategies

At Fiumara & Milligan Law, PC we utilize extensive forensic investigation, diligent legal research, carefully crafted motions and persuasive advocacy to defend you against pending felony charge and to expose weaknesses in the prosecutor’s case with regard to proving the prior strikes. We have helped many people facing a strike in the North Bay avoid the harsh consequences associated with a strike conviction.

We have successfully assisted many people charged with felonies and wobblers in the North Bay get their charges dismissed or reduced to a misdemeanor to avoid a strike, or be acquitted. Unlike a public defender buried in case files, our law firm has the time and resources to effectively represent you in any case involving a strike.

If you have any questions after reading this, contact our law office for a free case evaluation. Whether you decide to retain us or not, we will make sure that you understand your charges and the best legal options available to you.


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