Orange County Felony Lawyer
Facing criminal charges in Orange County can be overwhelming, and the potential impact on your future is serious. At the Law Offices of David S. Chesley, we defend clients against a wide range of felony charges, including sex crimes and other severe offenses. Our Orange County criminal defense attorneys work tirelessly to analyze every detail of your case and create a strong defense strategy to protect your rights. From complex felony accusations to challenging charges, we understand the gravity of what you’re up against.
Additionally, the California three strikes law is very controversial since it is designed to send repeat offenders to prison possibly for the rest of their lives. With such serious implications, defendants should not take a possible third strike conviction lightly. That’s why it’s vital that you call The SoCal Law Network to speak with a lawyer that can help defend your rights.
Call 949-305-7995 to schedule a free consultation with our assault and battery lawyers today.
How Can Laguna Hills and Orange County Felony Defense Attorneys Help?
Three strike law defendants are innocent until proven guilty, just like any other defendant in our justice system. The prosecutor has the burden of proving that you have prior strikes against you using court records, booking photos and prison records. As experienced Orange County criminal defense attorneys, the team at The SoCal Law Network will attempt to weaken the prosecution’s argument and help you achieve the best outcome possible for your case.
Orange County felony attorneys are also permitted to file motions to dismiss strikes against you all the way up until sentencing. In these situations, it is up to the defense to prove that the defendant’s prior record should be dismissed and not included as strikes against him or her. Luckily, our team is comprised of highly skilled motion law attorneys, well-known throughout the state of California.
In the worst case scenario, you may be convicted and sentenced under the three strike law of California. Depending on the specifics of your case, lawyers may be able to appeal the conviction and argue that the punishment is unconstitutional because it is so disproportionate to the crime committed.
Without a Laguna Hills and Orange County felony attorney on your side, you are leaving your fate in the hands of a court system that is known to aggressively prosecute criminals.
What is the Three Strikes Law in California?
The three strikes law is designed to harshly punish individuals who have been previously convicted of felonies considered to be serious or violent crimes. Named after the three strike rule in baseball, it refers to the third crime or conviction being the one where the defendant no longer has another chance.
Before 2012, third strikers could receive lengthy prison sentences for any kind of felony conviction, even if it was a nonviolent offense. However, this changed with the passing of Proposition 36, which typically prevents 25 year to life sentences for third strikers unless all three crimes were violent.
Under this law, a conviction counts as a strike on your record if it is considered tobe a serious or violent felony according to the penal code. Some of these crimes include:
- Rape
- Murder
- Voluntary manslaughter
- Sodomy by force
- Oral copulation by force
- Lewd acts on a child
- Attempted murder
- Assault with a deadly weapon
- Arson
- Robbery
- Inflicting serious bodily harm on an individual
- Personally using a firearm to inflict physical or emotional harm on an individual
If you’re dealing with criminal charges and need an attorney who will stand firmly in your corner, contact us today to discuss your defense options.
Other Crimes on the Three Strikes List
Some of the crimes on the three strikes list are only included if they are committed with an intent to be violent or cause harm. For example, using a firearm is not considered to be a strike unless the firearm was used to cause harm to someone else. However, other crimes such as robbery are part of the list regardless of whether violence was part of the crime.
Out-of-state Convictions
Out-of-state convictions also count towards the California three strikes law, as long as the crime is on the list of charges that apply. This means that someone from another state with two prior robbery could move to California, commit a robbery, and face penalties under the three strikes law.
Defendants can also accrue more than one strike from a single case. For example, if you were charged with both robbery and personally using a firearm to inflict harm as a result of one incident, both of these charges will be tried together in court. If you are convicted of both, that would count as two strikes against you, even though they came from one trial.
What Are the Penalties?
Understanding the Three Strikes Law in California
California’s Three Strikes Law imposes strict penalties on individuals with multiple felony convictions. If a person is convicted of a third felony involving certain serious or violent offenses, they face a mandatory sentence of 25 years to life in prison. Even if the third offense doesn’t fall under the “strike” category, having a prior criminal record often results in a harsher sentence than one given to a first-time offender. In many cases, individuals with two previous convictions face penalties that can be double the standard sentence, underscoring how prior strikes increase sentencing severity.
Exceptions to the Three Strikes Law
In 2012, California reformed the Three Strikes Law to limit third-strike sentences to violent felonies. However, specific nonviolent crimes may still trigger the maximum penalty. For example, charges involving the possession with intent to sell, distribute, or manufacture controlled substances can qualify as a strike. Additionally, any felony requiring sex offender registration may lead to a third-strike penalty. It’s also worth noting that a second-strike conviction carries severe consequences—often resulting in prison terms twice as long as those given to non-repeat offenders.
The Impact of a Third Strike
Reaching a third strike is a critical situation, potentially leading to life imprisonment. The long-term effects of a third felony conviction make it essential to respond proactively. A defense specifically crafted to handle the complexities of the Three Strikes Law can make a meaningful difference for those at risk of the law’s severe penalties. A conviction can have an impact on a person’s ability to obtain employment, immigration status, voting rights, financial aid, and government benefits and result in a jail or prison sentence.
Juveniles and the Three Strikes Law
It may be surprising to some that juvenile convictions, or sustained petitions as they are referred to in juvenile court, can count towards the three strikes law under the following conditions:
- The juvenile was at least 16 years of age when the crime was committed
- The crime is on the list of crimes that count as a strike
Juveniles are treated fairly differently than adults in all other legal matters, so the fact that their crimes can count towards the three strikes law is alarming to many parents. Our team of Laguna Hills and Orange County felony lawyers has years of experience defending the rights of both juveniles and adults facing third-strike convictions.
Contact The SoCal Law Network for Legal Defense
When facing the serious implications of the Three Strikes Law, having experienced felony attorneys by your side is invaluable. Our dedicated team in Laguna Hills and Orange County is prepared to assess your case and fight for the most favorable outcome. Don’t leave your future to chance—reach out to The SoCal Law Network today and explore your options for defending your rights.
Schedule a Consultation
Facing felony charges can disrupt every aspect of your life, from your freedom and financial security to your relationships and future prospects. A felony conviction may lead to harsh penalties like extended prison time, substantial fines, and a permanent criminal record, which can limit employment and housing opportunities. Navigating these serious charges in Orange County calls for a felony attorney who understands California’s complex legal system. An attorney can evaluate the unique factors of your case, develop a strong defense strategy, and fight for a reduction or dismissal of charges, helping you pursue the best possible outcome in a challenging situation.
Are you or a loved one facing penalties due to the three-strikes law? If so, contact the team of highly skilled Laguna Hills and Orange County criminal attorneys at The SoCal Law Network to defend you against your charges.
Call 949-305-7995 to schedule a free consultation today.