Strike Offenses Attorney San Jose
California has cracked down on repeat offenders with its “Three Strikes Law.” If you have multiple violent or serious felonies on your record, you might end up in prison for decades. Call Knight Law to speak with our legal team about your most recent offense, as well as your criminal history. You absolutely deserve an experienced criminal defense attorney who can represent you.
What is the Three Strikes Law in California?
Under the current law, any defendant who has been convicted of three violent or serious felonies will receive a mandatory sentence of 25 years to life. If you have even one prior violent or serious felony, you will receive a doubled sentence for your second conviction. These are “second strikers” under the law.
What counts as a prior “strike”?
Serious felonies are listed in Section 1192.7 of the California Penal Code. They include assault with a deadly weapon, grand theft involving a firearm, first-degree burglary, and any felony where the defendant caused great bodily injury.
Violent felonies are listed in Section 667.5 of the California Penal Code and include the most common violent felonies, including rape, kidnapping, arson, robbery, carjacking, assault with a deadly weapon causing great bodily injury, and murder, among others.
Call us so we can review if you have any previous strikes.
What is the Best Defense Against the Three Strikes Law?
The “Three Strikes Law” drastically curtails the options of criminal defendants with multiple violent or serious felonies. What can you do?
We approach these cases with sensitivity to the realities of sentencing. One option is to negotiate a plea deal with the state to reduce the current charge to a misdemeanor. That will avoid the harsh consequences of a mandatory 25 years to life sentence.
Another option is to file a Romero motion asking a court to dismiss or strike a prior conviction. Essentially, we ask the court to consider the nature of the prior offense and your rehabilitation as mitigating factors. If you fall outside the spirit of the Three Strikes Law, then a judge might “strike” a prior conviction.
Another option is to fight the most recent charge aggressively. The state often brings prosecutions when the evidence is weak or conflicting. We might ask a judge to dismiss the charge or even take our chances in court before a jury.
Nana Knight has deep experience in all types of criminal defense, including violent and serious felonies. She can represent anyone accused of assault, burglary, robbery, murder, rape, or another major crime. Our firm demands that the state meet its burden of proof—otherwise, you should go free.
Call Us to Schedule Your Free Consultation
If you are facing a felony charge, don’t lose hope. Our law firm brings over a decade of experience in criminal defense to every case we accept. Our founder, Nana Knight, has worked as a prosecutor and military attorney, so she knows how the other side approaches these cases. You can count on our office to do everything possible to get you the best outcome possible in your case.
