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How does California’s “three strikes” law work?

The controversial "three strikes" law came into fruition in California in the mid-1990s. Despite its name, though, the Torrance criminal defense lawyers of McGregor & Ernenwein explain that this law also imposes severe penalties for second strikes if you have previously been convicted of a violent or serious felony.

Consequences of Having One Felony on Your Record

If you do have a felony criminal record, your sentencing for a new felony charge will be twice as long as what the sentencing would entail if you didn't have a felony on your record. For instance, instead of being sentenced to six years in jail, you could be sentenced for up to twelve years.

Consequences of Having Two Felonies on Your Record

If you have two or more serious or violent felonies on your criminal record, an additional felony conviction may result in a life sentence in jail for you, with a minimum of twenty-five years.

Why is the California three strikes law controversial?

Your second or third strike does not have to be a serious or violent felony to count. The conviction just has to be classified as a felony conviction. As such, a person could be sentenced to a life in prison for any type of felony charge.

Additionally, the three strikes law does not take into account when the original convictions occurred. Further, if you are convicted of two felony charges under the three strikes law, you will have to serve each sentence consecutively. In other words, you could possibly receive a sentence of fifty years to life if you are found guilty of two felony offenses at the same time.

How the California Three Strikes Law Is Applied Today

Today, the three strikes law is not applied as rigidly as when the law first came into effect in the 1990s. In fact, the three strikes law varies in different counties in California. For instance, some prosecutors and judges choose to dismiss felony charges that occurred in previous decades. However, some counties will have a more literal interpretation of the three strikes law in California.

Have you or someone you know been arrested for previous felonies in California? Contact McGregor & Ernenwein to obtain a completely free consultation with one of our experienced Torrance criminal defense attorneys.


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Law Offices of McGregor & Ernenwein
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, CA 90501
Phone: 310-782-0552
Get Directions