Strike Case Defense

The Bill of Rights of the Constitution states that no "cruel and unusual punishments" will be inflicted on the citizens of the United States. In California, the legislators and electors of our state have ignored that important check on governmental power, and instituted a law popularly known as the "Three Strikes" law. Under this law, convictions for relatively minor offenses can result in vastly excessive and disproportionate sentences.

Under the "Three Strikes" law, a conviction for a felony or violent crime can result in a "strike" on a person's criminal record. With each strike, the sentencing consequences for a defendant will increase dramatically. If you have one felony conviction on your criminal record, you may already have one strike against you. If you receive a second felony conviction, your sentence under the new conviction could be more than doubled. A third strike may be punishable by incarceration in the state prison for 25 years to life.

"Three Strikes" sentencing laws are literally among the most complicated and intricate series of laws in the entire legal system. It is no exaggeration to state that most prosecutors and even judges are confused by the morass of details, propositions and bills, references, and exceptions throughout the Penal Code involving the "Three Strikes" sentencing system. It's an outmoded and blatantly unconstitutional system that needs to go, but unfortunately, it is still fully in effect and can have a devastating impact on you and your loved ones.

If you or a loved one are facing prosecution for a second or third strike offense, you need to hire an experienced defense attorney who understands the complicated "Three Strikes" laws, and can prepare a defense to "strike the strikes" alleged against you.

Romero Motions and "Striking the Strikes"

Remember, even if you or your loved one is facing a second or third strike and an accompanying enhanced prison sentence, all is not lost. Under the important California court case of People v. Romero (1996) 13 Cal. 4th 497, a trial judge has discretion to "strike a strike" in the interest of justice. That means that an experienced defense attorney can sometimes convince a judge to ignore the strike, and sentence a defendant as though the prior strike or strikes did not exist.

Under another important California court case, People v. Williams (1998) 17 Cal. 4th 148, a judge considering a motion to "strike a strike" under the Romero case may consider the nature and circumstances of the defendant's present felonies and prior convictions, as well as the defendant's own character (including their biography, home life, work history, and statements from their friends and family). At McGregor & Ernenwein, we have ample experience in preparing and presenting successful Romero motions to judges throughout Southern California.

Other defenses

Even if the legal principles under Romero or Williams do not succeed at court, there are several other options. First, a defense attorney can sometimes convince a prosecutor to dismiss a prior conviction allegation for insufficient evidence. Also, an attorney can try to convince a court to reduce a felony charge to a misdemeanor, thereby avoiding the "Three Strikes" issue. In addition, a strike offender may be eligible for deferred entry of judgment under Penal Code section 1000, which will also allow a defendant to sidestep "Three Strikes" sentencing.

At the Law Offices of McGregor & Ernenwein, we strongly feel that the "Three Strikes" law is dramatically unfair and a clear violation of the Eighth Amendment to the Constitution, which prohibits cruel and unusual punishment. Attorneys at McGregor & Ernenwein have been vigorously opposing enhanced alternative sentencing for our clients since the inception of the "Three Strikes" law in 1994.

Our experienced attorneys are familiar with the obscure details, loopholes, and exceptions in the complicated "Three Strikes" statutes, and with the many defenses available in a strike-related case. We are ready to fight for you today. If you or a loved one is facing criminal prosecution with one or more prior strike convictions, please call an experienced attorney at the Law Offices of McGregor & Ernenwein today for further information and for a free consultation.