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California Third Strike Defense Lawyers

California’s three-strikes law sets very high mandatory minimum sentencing guidelines for certain types of repeat felony offenses, also called “strikes.” Here in California, a conviction of certain types of crimes, such as robbery, residential burglary, a crime of violence, or any crimes deemed “serious” are considered “Strikes” under California’s Three Strikes Law. Also, any felony in which a deadly weapon was used is also considered a “Strike.”

People with a “strike-able” felony conviction on their record are then subject to increased penalties for any later convictions. Moreover, for any subsequent felony, no matter whether it is considered a strike or not, the time they will face in prison will double. It then gets more severe… After two felony strikes, a third felony conviction comes with a mandatory sentence of 25-years to life in prison! It doesn’t matter whether the third felony was a strike-able offense, or whether it was deemed “serious,” or even how many years passed between the prior convictions. This is why so many people with a “2nd strike” choose to move away from California to another state for fear of dying in prison if they should find themselves in trouble again.

Unfortunately for people already having a record that adds up to 2 strikes, some overly aggressive prosecutors simply file any new cases that come to their office as a “third strike” anytime they can –regardless of the circumstances of the case– especially those prosecutors looking ahead towards running for political office and wanting to “look tough on crime.”

Defense Strategies for Defending a 3rd Strike

When we are defending a client who faces a third “strike” it is more necessary than ever to prepare a winning defense strategy that will discourage the prosecutor from pursuing a Three Strikes conviction. Sometimes Mr. Davis’s reputation will do that as soon as the prosecutor learns that he is taking the case. Prosecutors don’t want to take a chance on loosing a case because of “over-reach” and will reconsider when a defendant hires a well-known, respected trial lawyer.

If, because of the circumstances of the case, the prosecutor simply refuses to negotiate, Mr. Davis may still be able to help his client avoid the harsh three-strikes penalties. Mr. Davis can move to strike a prior strike in a case where following the three-strikes law would cause an injustice. The judge is petitioned to ignore prior strikes during the sentencing phase, if it can be demonstrated that the third crime was not in keeping with the spirit of the three-strikes legislation. The judge then can impose a dramatically shorter sentence — say just a couple of years detention instead of the mandatory 25-years to life.

When you talk to us you can be sure of one thing, that we are listening. The police and your accusers have their story, and it is our job to make sure that your story is heard. We want to know what happened and we want everyone else to know too.

Call me personally – 888-888-6582 – I am waiting to hear your story now, to defend you and make sure that your voice is heard.

We Are Your Criminal Defense Lawyers and we are proud to serve    Los Angeles,   Orange,   Riverside   and   San Bernardino   Counties.

Arcadia Office
150 N. Santa Anita Ave,
Suite 200
Arcadia, CA 91006
Phone: (626) 446-6442
Fax: (626)-446-6454

Beverly Hills Office
9465 Wilshire Blvd.
Suite 300
Beverly Hills, CA 90212
Phone: (310)-880-5733

La Mirada Office
Cerritos Towne Center
17777 Center Court Drive ,
Suite 600
Cerritos, California, 90703
Phone: 888-888-6542

Los Angeles Office
Gas Company Tower
555 West Fifth Street,
31st Floor
Los Angeles, California, 90013
Phone: (213)-400-4132

Long Beach Office
Landmark Square
111 West Ocean Blvd.,
Suite 400
Long beach, California, 90802

Irvine Office
Oracle Tower
17901 Von Karman Avenue,
Suite 600
Irvine, California, 92614
Phone: (949)-203-3971
Fax: (949)-203-3972

Ontario Office
Lakeshore Center
3281 E. Guasti Road,
7th Floor
City of Ontario, California, 91761

Riverside Office
Turner Riverwalk
11801 Pierce Street,
Suite 200
Riverside, California, 92505
Phone: (909)-996-5644

San Diego
Emerald Plaza
402 West Broadway,
Suite #400
San Diego, California, 92101
Phone: (619)-885-2070

Aliso Viejo
Ladera Corporate Terrace
999 Corporate Drive,
Suite 100
Ladera Ranch, California, 92694
Phone: (714) 721-3822