Law Office of Maureen Baldwin
255 N. Market Suite 170
San Jose, CA 95110

(408) 279-4450

 
Criminal Defense Attorney

About Us

What's New

FAQ'S

Defendants Testimonials

Contact Us

Practice Areas

Assault

Burglaries

Domestic Violence

Drug Charges

DUI Drunk Driving

Felony

Identity Theft

Internet Crimes

Misdemeanors

Record Clearance

Registration Violation

Sexual Offenses

Theft and Fraud

Three Strikes Cases

White Collar Crimes

Juvenile Offenses

Original Articles

What happens in court an how long will my case take?

Is my case too old to be prosecuted?

San Jose Criminal Defense Attorney

Right to Legal Counsel

Mistaken Eyewitness Identification

Quick Contact form

Three Strikes Cases Criminal Defense

 

Three Strikes Strike Cases: In California, if a person has been convicted of certain crimes, serious or violent felonies that are spelled out in the Penal Code, they are said to have “strikes”. The most common strikes are assaults causing great bodily injury, residential burglaries, robberies, carjacking, homicides other than involuntary manslaughter, and most sex crimes. When a criminal defendant is convicted of a strike, they do not feel immediate “strike” consequences. However, if a person has a “strike” anywhere in their past, and is then charged with a new felony, even if it is not serious, then strike consequences require prison, and a double sentence with one strike, and a minimum of 25 years to life if the person has 2 strikes. There are other sentencing enhancements that can add extra time, depending on the nature of the crime.

 

This can result in a person who committed 2 robberies at one time as a young person to face a life sentence for simple possession of narcotics or taking a car radio many years later. There have been ballot initiatives to change the serious consequences of the “Three Strikes Law”, but the law has been upheld in court and at the ballot box.

 

I have worked successfully with many defendants who are charged as three strikers. In some cases, I have been successful at both having the judge or the district attorney dismiss the strike penalty upon demonstrating certain life problems, whether they are psychological, physical, or problems of drug abuse. I have tried these cases to a jury and settled them with the prosecutor for much less serious penalties than the statute requires. Often I will work with a sentencing specialist or a psychologist in the appropriate case. I have successfully argued motions to dismiss out of state “strikes” that have been improperly charged. I am aware of all the issues in dealing with these complicated cases and have been able to obtain lesser sentences, sometimes dismissals or not guilty verdicts with most of the three strike cases I have defended.

 

For more information on three strikes cases please contact us today
 

Copyright 2007 San Jose Criminal Law Office, All rights reserved

Legal Web Design