What is a Three-Strikes Law?

What is a Three-Strikes Law?

An attorney is always important when it comes to criminal defense, but if your boyfriend is facing a “three-strike law” charge, a good attorney is vital. States with three strikes laws tend to provide very harsh punishments for that third strike. Each state is different but in general here is how it works. More than 23 states currently have three-strike laws on the books. Among them are: California, Tennessee, Missouri, Connecticut, Nevada, Montana and Kansas. The criteria needed to meet the three-strikes law typically includes being a persistent criminal offender. In most states, all three “strikes” must be felony in nature, two of them violent. However, prior to 2012 in California, once you got two strikes, the third strike could be a non-violent misdemeanor and still get a life sentence as punishment. In 2012 voters passed Proposition 36, which now requires the third strike to also be a serious felony or a drug conviction for the law to apply. Violent felonies are classified in each state, but in general include things like robbery using a deadly weapon, burglary using a deadly weapon, rape, kidnap, murder, assault with intent to cause bodily injury and assault causing bodily injury. Sentences are harsh. In most states, that third conviction under the three-strike law gets a minimum of 25 years in prison and is typically ordered as a 25-life sentence. This means the offender must do 25 years in prison before even approaching the parole board and there is no end of the sentence. If the parole board continues to deny parole, the offender ends up doing natural life behind bars. It doesn’t matter how long ago the first two strikes were. In Texas, none of the three qualifying felonies need to be violent to be sentenced under the three-strikes law. Final thoughts: Facing a three-strike law charge is extremely serious. An attorney experienced in defending third strike charges can assist with a specific case.