San Bernardino three strikes defense attorney serving Pomona, Rancho Cucamonga, Fontana, Victorville & all of San Bernardino County
California’s “Three Strikes Law” is a sentencing law which drastically increases the amount of time someone will serve in prison if that person has priors in his/her background and is convicted of another felony. The Three Strikes Law is complicated, and because of its brutal consequences, it is critical to handle these types of cases with care. San Bernardino criminal defense attorney Marcie Gardner has experience successfully negotiating cases for clients to avoid the harsh consequences of strike offenses.
What does a “strike” mean?
The California Penal Code lists dozens of felony offenses which, if you are convicted of any of them, qualifies as a “strike” on your record. Not every felony is a strike. Of these felonies, some are called “serious” felonies and others are called “violent” felonies. The types of felonies which qualify as “strikes” can be found in Penal Code Sections 667.5(c) and 1192.7(c).
What if I have one strike on my record?
If you have one strike on your record, and you are convicted of ANY felony offense (not just a strike offense), your prison exposure is double what it would normally be for the current conviction.
What if I have two strikes on my record?
If you have two strikes in your background, and you are convicted of ANY felony offense (not just a strike offense), you face 25 years-to-life in prison.
How can I avoid strike offenses?
With any client facing a potential strike offense, Marcie Gardner’s goal is to beat that charge through either trial or plea bargaining. If a client choses not to go to trial, Marcie’s strategy is to either swap the potential strike offense with a different, non-strike felony or, if possible, get a misdemeanor charge for her client instead.
If a client already has a strike, the goal should always be to get the felony reduced to a misdemeanor to avoid the harsh punishment of a second or third strike.
Sometimes the District Attorney’s Office is not always agreeable to changing or reducing charges. In these cases, Marcie’s strategy is to request that the Court “strike the strike.”
The Three Strikes Law has other, punitive impacts on people sentenced under its severe scheme (like reduced credits). If you or a loved one is charged with a current felony which could be a strike or is facing current felony charges with prior strike convictions, please contact San Bernardino criminal defense attorney Marcie Gardner right away. It’s never too early to take these cases seriously.
When working with Marcie, your initial consultation is always free of charge. No fee whatsoever. To contact Marcie, please call 909.635.2047.
Please call today.