Three Strikes Law
Felonies are serious crimes that are punishable by imprisonment, including life sentences, or both fines and imprisonment. The increasing cases of habitual offenders have forced most states to adopt new rules to deal with the problem of repeat offenders.
The “Three Strikes Laws” deal with issues of repeat offences to try and deter the problem of habitual offenders. Certain offences like sex crimes, driving under the influence, and domestic violence are treated under this penal code.
Under the California three strikes law, felonies were prosecuted as crimes with the possibility of checking the past records to be used in prosecuting new offences. The three strikes law implies that past actions affect new ones and is needed to deter future felonies.
Since 1994, California has been using the three strikes law which required those who had been previously convicted to be given tougher penalties of up to life imprisonment to reduce the recurrence of these felonies. This law made it harder for repeat offenders to have their freedom back and commit new offences.
Because of the overall outcry that the law was retrogressive, in 2012 with the voter’s approval, changes made to the three strikes law requiring only coverage of offences of serious crimes of violent nature were introduced with relaxed provisions for up to 25 years in prison.
In 2015, Judge J. Richard Couzens of the Superior Court of Placer County (Ret.) and Presiding Justice Tricia A. Bigelow, Court of Appeal, 2nd Appellate District, Div. 8, made pronouncements which approved the manner in which a defendant could petition the court for consideration on repeat offences.
Felonies are considered to be serious crimes that are in most cases tried under the federal court system include cases of driving under the influence, sex crimes and violent/domestic crimes and as described under the penal code. Under the act describing felonies, a felony is punishable by imprisonment of up to 1-5 years with the possibility of a lighter sentence or fine. Any person who then commits these felonies within the federal territory would be charged and imprisoned for up to 5 years.
Three Strikes Law crimes under the California justice system could receive sentences of up to three times the normal stipulated period. Top criminal defense attorneys in Los Angeles are crucial for Three Strikes Law crimes involving repeat offenders.
Bigamy, home invasion, murder, negligent homicide, false imprisonment, assassination, battery, assault, extortion, possession of stolen goods, smuggling , tax evasion, bribery, vehicular homicide kidnapping, manslaughter, sexual assault, statutory rape and pick pocketing are all examples of crimes tried under the Three Strikes Law.
Some known areas of defense for felonies in three strikes law include false accusation, self defense, mistaken identity, accident, no use of fear or force, willful consent and rightful claim.
The Leandro Andrade case of 2002 at the Supreme Court was a classic case tried under the three strikes law. Andrade was charged with multiple cases of stealing some videotapes from Kmart stores in San Bernadini.
Having had prior convictions on other burglary offences, the Supreme Court returned a unanimous verdict and Andrade was sentenced to life in prison for being a habitual offender with the possibility of parole on his 87th birthday.
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