Three Strikes

Encino criminal defense lawyer Mark Daniel Melnick, Attorney at Law, fights felony prosecutions under California's three strikes law, where conviction could lead to a life sentence in prison. Being arrested for any crime is a serious matter, but California's three strikes law raises the stakes and makes a prosecution for any felony, particularly one involving violence, a matter which should be vigorously opposed by a competent, capable and experienced criminal law attorney.

Three Strikes and You're Out

The main feature of the three strikes law that most people are aware of is that a person with two prior convictions for serious or violent felonies must be sentenced to prison for 25 years to life upon conviction of a third felony. The law has been amended several times since it was first enacted, each time adding additional crimes to the list of "serious felonies" which qualify as strike offenses. At current count, over 40 offenses qualify as serious felonies for the purpose of the three strikes law.

Two Strikes and You're Out

Many people think that the three strikes law only applies to "serious felonies." Actually, the "serious felony" requirement only applies to the first two strikes. If you are arrested for any felony and have two previous strike offenses, you may be sentenced to life imprisonment upon conviction of that third felony, which may be a simple theft or other nonviolent offense which the prosecutor decided to charge as a felony.

Another aspect of the law which is not commonly known is that if you are charged with any felony and have one strike already, your sentence will be doubled if convicted of the felony, based on only the one prior strike.

Multiple Offenses Means Harsher Sentences

Even for non-strike offenses, the existence of prior convictions and multiple offenses can raise the stakes in any criminal trial. Many statutes dictate more serious charges and harsher penalties for people with previous convictions who are arrested and charged with certain crimes. Driving Under the Influence (DUI) is an example where the potential penalties, including fines, jail time, and a driver's license suspension, increase for each subsequent offense.

Working Hard for You in Every Case

The prosecutor has the discretion to dismiss prior felonies, or "strike the strikes" in any given sentencing proceeding where the three strikes law applies. Wherever possible, we will attempt to reduce felony charges to misdemeanors or move to strike prior convictions on constitutional grounds. We also take the prosecution of any strike offense seriously and work hard to prevent our clients from acquiring even a first conviction that could be considered a strike. If you have been charged with a felony in the San Fernando Valley or anywhere in Los Angeles, Ventura County or Orange County, contact Mark Daniel Melnick, Attorney at Law, for immediate assistance.