California’s Three Strikes Law Attorneys

Aggressive Defense Against Three Strikes Conviction in California

The Three Strikes Law in California is inherently unfair and leads to disproportionately long sentences for less serious crimes. That's why it's so important to find a criminal defense lawyer who will fight tooth and nail to protect your freedom.

Werksman Jackson & Quinn LLP is one of the most highly regarded criminal defense law firms in California. We've also earned a national reputation for excellence by successfully defending our clients in several high-profile cases. Our Los Angeles defense attorneys have been featured on CNBC, ABC News, Fox News, Esquire, the BBC, and the Los Angeles Times.

We have an AV Rating from Martindale-Hubbell, which is their highest rating for integrity and legal acumen. The independent rating agency Super Lawyers also recognizes our law firm for providing outstanding service based on peer reviews and independent research.

You can find offices conveniently located near The Westin Bonaventure Hoel, Pershing Square, and the Museum of Contemporary Art (MOCA). Call (213) 688-0460 to schedule your case review today.

What Is California's Three Strikes Law?

California's Three Strikes Law mandates long prison sentences for people convicted of a violent or serious felony who have prior felony convictions. The law unfairly increases prison sentences based on past behavior. The third strike may be any felony, including those that are non-violent.

In 1994, the Three Strikes Law was enacted. Once it became law, a person who was charged with a felony offense who had two previous felony convictions would be subjected to a mandated 25-year-to-life sentence. In 2012, the law was amended so that the new felony offense must be serious or violent. This change was significant, as many people were incarcerated under the earlier version of the law who did not commit a violent felony.

How Does the Three Strikes Law Affect Sentencing?

Under California Penal Code 667, if a defendant has one prior serious or violent felony conviction, the sentence imposed will be twice the term for the current felony conviction. If a defendant has two or more prior serious or violent felony convictions, the prison term for the current felony conviction shall be life imprisonment, three times the term, or imprisonment for 25 years, whichever is longer.

Sentencing under California's Three Strikes Law is not consistent and can vary significantly based on several factors. Although the Three Strikes Law arbitrarily penalizes people, mitigating circumstances such as a defendant's age, mental health, background, and case specifics may influence the judge's sentencing decision. Prior convictions are scrutinized, and strikes based on older or less severe felonies may be treated differently than those for recent violent offenses.

What Is a "Three Strikes" Offense in California?

The term third strike offense refers to the sentencing enhancement imposed on individuals with prior serious or violent felony convictions. The law applies to violent felony offenses listed under CA Penal Code 667.5. Some offenses are:

• Murder
• Mayhem
• Arson
• Sex crimes involving children
• Robbery
• Attempted murder
• Kidnapping
• Carjacking
• Threats to victims or witnesses
• First-degree burglary
• Any felony punishable by death or life imprisonment
• Any felony that results in great bodily injury to another person
• Any felony in which a firearm was used
• Violent sex crimes
• Involuntary manslaughter

Can a Strike be Removed from Your Criminal Record?

In some cases, the court can be petitioned to remove a strike from your criminal record. This legal action is called a Romero Motion. This pleading can be filed by your criminal attorney, requesting the court to not use prior strikes when sentencing. The judge reviewing the matter will consider if the defendant has the right to be free from cruel and unusual punishment and whether they, for several reasons, should not be subject to the spirit of the law due to issues such as background, character, worth to society, and other mitigating factors.

The history of Romero Motion is a case in which Jesus Romero was convicted for the possession of .13 grams of cocaine, which carries up to three years in prison. Due to his prior convictions, he qualified to be punished under the Three Strikes Law. The judge in the case did not feel that he deserved life in prison for the offense and struck it down, sentencing him to six years (twice the maximum penalty of three years) due to his prior criminal record.

How Much Discretion Does the Judge Have in a Three Strikes Case?

It's unfair to punish someone for wrongs they committed in the past instead of the current charges they are facing. Application of the Three Strikes Law is often complex, and various factors can influence the outcome of these cases.

The Three Strikes Law places an unfair burden on defendants. Still, it does allow the judge some flexibility in sentencing, especially in cases where the mandatory minimums may be unduly harsh, given the specifics of the case or the defendant's history.

The judge's discretion in sentencing is an important part of the legal system, particularly regarding California's Three Strikes Law sentencing. The law gives judges the authority to dismiss a previous strike based on the furtherance of justice. The judge may consider factors such as the time elapsed since prior convictions, the defendant's behavior, and the nature of the current offense.

Your Legal Defense and the Quality of Your Los Angeles Criminal Attorney

It's essential to have the best possible legal defense strategy in a trial where conviction may trigger Three Strikes Law sentencing. Werksman Jackson & Quinn LLP will take all necessary measures to ensure a fair trial and uphold your rights. For example, your case may allow for a Romero Motion to be filed, or you may have been sentenced under Three Strikes before the law changed.

The first step in protecting your liberty is making sure your case is managed by a skilled, experienced, and accomplished criminal defense attorney. Our lawyers will review the facts of your case and advise you on the best options to seek to reduce the damage to your life and freedoms. We will use every tool at our disposal to seek dismissal, reduced charge, reduced sentence, or an acquittal at trial.

Our lawyers will also scrutinize every detail of the case and craft a solid legal defense that may include these effective defense strategies:

• Police misconduct
• Entrapment
• Unreliable opposing witnesses
• Mistaken identity
• False allegations
• Valid alibi
• Prosecution failed to prove its case
• Violated rights

Why Choose Our California Criminal Law Firm?

If you are facing the dire consequences of a Three Strikes felony charge, the skills of your lawyer will play a significant role in the outcome of your case. At Werksman Jackson & Quinn LLP, your Los Angeles strike crime lawyer has the support and input from the entire firm. Attorney Mark Werksman is a former Deputy District Attorney and United States Attorney and has a rare level of insight into the criminal justice system.

Attorney Alan Jackson served as a former prosecutor as the Assistant Head Deputy for the Major Crimes Division at the LA County DA's Office. The knowledge, trial skills, and experience of our lawyers go above and beyond the ordinary, and we are often called upon to represent defendants in high-profile cases.

Call (213) 688-0460 today for a free case consultation.