California’s Three Strikes Law
What is California’s Three Strikes Law?
California’s three strikes law requires a person who is guilty of committing a severe violent penalty and two other previous convictions to serve a life sentence in prison. The purpose of the law is to drastically increase the punishment for those who have two prior convictions. Unlike most states with the three strikes law, California includes some misdemeanors to count as a “three strike offense.” This has been a controversial topic over the years.
Strikes under California’s Three Strikes Law
There are certain crimes that when committed are considered a strike on your record under California’s three strikes law. Serious and violent felonies include:
- Murder or voluntary manslaughter
- Mayhem
- Rape
- Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate or unlawful bodily injury on the victim or another person
- 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
- Lewd acts on a child under 14 years of age
- Any felony that is punishable by death or life in prison
- Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm
- Attempted murder
- Assault with intent to commit rape or robbery
- Assault with a deadly weapon or instrument on a peace officer
- Assault by a life prisoner on a non-inmate
- Assault with a deadly weapon by an inmate
- Arson
- Exploding a destructive device or any explosive with the intent to injure
- Exploding a destructive device or any explosive causing bodily injury, great bodily injury or mayhem
- Exploding a destructive device or any explosive with the intent to murder
- Any first degree burglary
- Robbery or bank robbery
- Kidnapping
- Holding a hostage by a person confined in a state prison
- Attempt to commit a felony punishable by death or life in prison
- Any felony in which the defendant used a dangerous or deadly weapon personally
- Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug or any of the precursors of methamphetamines
- Grand theft involving a firearm
- Carjacking
- A felony offense relating to criminal street gang sentencing enhancements
- Assault with the intent to commit mayhem, rape, sodomy, or oral copulation
- Assault with caustic chemicals
- Assault with a deadly weapon, firearm, machin egun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter
- Assault with a deadly weapon against a public transit employee, custodial officer, or school employee
- Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft
- Commission of rape or sexual penetration jointly with another person
- Continuous sexual abuse of a child
- Shooting from a vehicle
- Intimidation of victims or witnesses
- Criminal threats
- Any attempt to commit a serious felony other than an assault
- Any conspiracy to commit a serious felony
How Does California’s Three Strikes Law Work?
California’s Three Strikes law has changed over the years. Essentially, if you have been convicted of two prior strike offenses, then you are convicted of a third serious or violent felony, you get 25 years to life sentence. There are exceptions to the law than an experienced criminal defense lawyer can help you with.