VIOLENT CRIMES
The Law Offices of Mark R. McDonald has a long history of successfully handling the defense of clients charged with all crimes in California.
It seems unbelievable that you could spend 25 years to life in prison for stealing a loaf of bread but it's true. California's controversial "three strike law", passed in 1994, is very complex and difficult to interpret but, simply stated, it means that:
- If you have previously been convicted for committing 2 serious felonies (strikes); and
- If you are convicted for committing a third offense (possibly a misdemeanor)
- You may be sentenced to serve a minimum of 25 years in prison and a maximum of life.
It is important that you are aware that the courts will include convictions prior to the passing of the "three strike" law, convictions from other states, federal convictions and, in some cases, juvenile convictions when they add up the "strikes" against you. The most frightening possibility is that the court has the power to elevate a misdemeanor charge, such as petty theft, to a "strike" charge if you have prior felony convictions.
Some examples of strikes are as follows:
- arson
- murder
- rape
- kidnapping
- assault with a deadly weapon
- home invasion
- drug trafficking
- armed robbery
- bank robbery
- any attempted felony that would carry a life sentence in prison
For a complete list, please refer to the California penal code, sections 1192.7. (c) and 667.5. (c).
In addition, certain felonies committed by juveniles over the age of 16 are also strikes. These felonies are essentially the same as listed above. For a complete description of juvenile strikes, please refer to the California Welfare and Institutions code, section 707 (b).
You must seek the advice of an experienced California criminal attorney if you have been charged with any crime no matter how minor you think it is. Your only defense against the California three strike law may rest on your attorney's ability to change the present and the past.
An experienced criminal attorney may be able to successfully argue that your prior felonies were not, in fact, "strikes". Your attorney may also convince the courts that your current charges are unwarranted.
Finally, meet with your attorney as soon as possible. When you meet with Mr. McDonald, be completely honest with your version of events. Tell us about any past criminal record or witness that might help or hurt your case. Remember that you are the most important part of your defense team.
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