What Are the Exclusions From the Three Strikes Law?
Having three strikes is not the only thing that can cause a person to be convicted of a crime. It is also essential to understand that you must be aware of specific exclusions from the law.
Crimes that receive a three-strikes sentence
Several states have “Three Strikes” laws that impose mandatory minimum sentences on defendants with two or more felonies. These laws can increase the length of prison time and can be very costly. However, they are necessary to keep the public safe.
Most three-strikes laws increase the penalties for violent or serious felonies. They may also include crimes such as kidnapping and drug offenses. They are designed to put career criminals behind bars and make it harder for those convicted of serious crimes to get parole. These laws may not apply to nonviolent felony crimes.
A three-strikes law can increase the length of your sentence by many years. However, there are many ways to get the strike before being dismissed, and a successful appeal can result in immediate or early release. A criminal defense attorney can help you understand these laws and their impact on you.
Michael Elton Johnson was the first person to be sentenced under a three-strikes law. He committed a series of rapes and assaults, including one that dragged a 14-year-old girl into the woods. His convictions led to a life sentence.
Defendant used a firearm or deadly weapon.
Using a firearm or deadly weapon to commit a crime is a serious felony under the California Three Strikes statute. This law is designed to deter and keep the most violent offenders out of the community. If you’ve been accused of this type of offense, contact a defense attorney to help you get your case resolved.
A deadly weapon is any device designed or able to kill, seriously injure, or maim. This includes an object such as a gun, a pistol, or a grenade. Some jurisdictions allow for a more flexible definition of a “deadly” weapon. A large rock, for instance, could be considered a deadly weapon if used to frighten or even strike a victim in the head.
An excellent criminal defense lawyer may be able to get your strike prior dismissed by raising the “Romero” motion. This legal defense permits your lawyer to argue that the sentence you received is unconstitutional and cruel punishment.
Exclusions from the law
Generally, a three-strikes law is a sentencing rule that increases the prison sentence of a violent felon. It is usually applied to repeat serious offenders. These crimes include murder, assault, and rape. The statutes are designed to reduce the incidence of violent crime, but they have been challenged in court as violating the Eighth Amendment.
The Three Strikes law is a complex system of punishment that supersedes previous maximum sentences and is intended to eliminate personal bias from the sentencing process. It was conceived in the early 1990s to address overcrowding in California’s prisons. However, it also raised the cost of incarceration and the number of people in jail. In the early 2000s, the State Supreme Court of California weakened the Three Strikes law. The Washington model is more cost-effective and focuses on repeat serious felonies. It also has no significant loopholes.
The Washington State Supreme Court upheld the Three Strikes law as constitutional in August 1996. In that case, Judge James Warme ignored the prosecutor’s objections to a potential life sentence for a rape victim.