Three Strikes Defense Attorneys Sacramento, California

In 1994, California’s Three Strikes sentencing law was enacted. The three-strikes law doubled prison time for a second felony if there was a prior serious or violent felony, as defined by state law, and it imposed at least 25 years to life for almost any crime, no matter how minor, if the defendant had two prior convictions for crimes defined as serious or violent by the California Penal Code.

As a result, California began sentencing people to life for crimes like petty theft and drug possession.

On November 6, 2012 the voters approved Proposition 36, which substantially amended the law with two primary provisions:

• The requirements for sentencing a defendant as a third strike offender were changed to 25 years to life by requiring the new felony to be a serious or violent felony with two or more prior strikes to qualify for the 25 year-to-life sentence as a third strike offender; and
• The addition of a means by which designated defendants currently serving a third strike sentence may petition the court for reduction of their term to a second strike sentence, if they would have been eligible for second strike sentencing under the new law.

Even though California’s Three Strikes sentencing law was amended, the law still prescribes felony strikes, and a conviction of a felony strike is still very serious. Please see California Penal Code Section 1192.7(c) and 1192.8(a) for the list of serious felonies. Along with violent felonies, a conviction for any of these crimes will count as strike prior. A serious felony under PC 1192.7 and 1192.8 is any of the following offenses:

• Murder or voluntary manslaughter;
• Rape;
• Mayhem;
• Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person.
• Attempted murder.
• Assault with intent to commit rape or robbery.
• Arson.
• Any felony in which the defendant personally used a dangerous or deadly weapon.
• Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person.
• Lewd or lascivious act on a child under the age of 14 years.
• Any felony punishable by death or imprisonment in the state prison for life.
• Any burglary of the first degree.
• Kidnapping.
• Carjacking.
• Criminal threats, in violation of Penal Code Section 422.

A conviction of any one of the following acts will result in a felony strike, and you only need two more in order to strike out for life. If you, a loved one, or someone you know has been charged with committing any one of the criminal acts outlined above, it is very important for you to contact an experienced Sacramento three strikes defense lawyer at the Law Offices Of Wing & Parisi. Our criminal defense team has more than 76 years of combined legal experience, providing us the necessary knowledge and skills to prepare thorough defense against your charge. Call today and schedule a free consultation!

There’s no substitute for a strong Sacramento three strikes defense attorney, call Wing & Parisi at (916) 441-4888.

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout
Placer County and San Joaquin County. Hablamos espanol.