In 1994 California adopted what has become known as the three strikes law. This law significantly increases the penalties for defendants who commit a felony after one or more serious felony convictions. The purpose of the three strikes law is to ensure longer prison sentences and greater punishments for repeat offenders. Simply put, here is how it works: Three strikes means if you get three qualifying felony convictions, you will be sentenced to life in prison. The first two felony convictions must be “violent felonies” as defined in California Penal Code section 667.5. For example, these include murder, rape, robbery, kidnaping, a felony that results in great bodily injury, lewd or lascivious conduct, first degree burglary and others. However, the third felony conviction need not be a violent felony. It can be ANY felony. Therefore, once a defendant has two strikes on his record, which are by definition violent felonies, the third strike can be even a minor felony, such as possession of an illegal substance, or petty theft, and that minor felony can form the basis the third strike and a lifetime prison commitment. If this sounds serious, it is....however, there is good news.... In all the years Paul Tyler has been in practice he has never had one of his clients sent to prison for life...not even those charged with their third strike. The reason is that this is the harshest of possible penalties and it has been our experience that deals can always be reached with either the District Attorney, or more frequently the Judge, in which one or more strikes are stricken from the complaint. This may still result in a prison sentence, but eliminates the lifetime commitment. In short the stakes are high, but our success rate to date at avoiding lifetime sentences under the three strikes law is 100%. To learn more, please call Paul Tyler at (805) 889-9000. He will answer your call personally... you will not be required to go through a secretary, paralegal or associate attorney. Call for a free consultation. |
