Protecting Your Future from Harsh Sentencing
At Simmons Wagner, LLP, we know that California’s Three Strikes law can lead to disproportionately long prison sentences, including life behind bars, for individuals with repeat felony convictions. Introduced to combat serious crime, this sentencing scheme intensifies penalties for those deemed “repeat offenders.” Whether you face a second strike or a third strike, our firm—based in Irvine and serving clients throughout Orange County and across California—stands ready to defend your rights. If you or a loved one has been charged under the Three Strikes law, call (949) 439-5857 for a confidential consultation.
What Is California’s Three Strikes Law?
Enacted under Penal Code §§ 667 and 1170.12, California’s Three Strikes law significantly increases prison terms for defendants convicted of multiple serious or violent felonies. Key elements include:
First Strike
- Any conviction of a serious or violent felony (as defined by statute) is a “strike.”
Second Strike
- If you incur a second strike, the court generally doubles the sentence you would have otherwise received for that new felony.
Third Strike
- A third strike for a serious or violent felony can result in 25 years to life in state prison, regardless of the underlying offense’s usual sentencing range.
While reforms such as Proposition 36 and Proposition 47 have narrowed the scope of certain three-strikes penalties—especially for nonviolent or drug-related offenses—these laws still carry life-altering consequences.
Potential Consequences Under Three Strikes
Lengthy or Life Imprisonment
- A third strike conviction often results in 25-years-to-life, and even a second strike can drastically increase your sentence.
Restricted Good Time & Work Credits
- Individuals serving under three-strikes sentencing may earn fewer credits for good behavior or work participation, extending actual time behind bars.
Collateral Impact
- A third strike not only leads to a prolonged prison term but also forecloses many opportunities post-release—if release is even attainable.
Case-Specific Nuances
- Certain felonies designated as serious or violent automatically trigger strike status, including burglary of an occupied dwelling, robbery, and some assault offenses.
Our Approach
Immediate Case Review
We begin by examining the facts of your new charge and your prior convictions to determine if they qualify as serious or violent felonies. A thorough review often reveals legal or procedural issues—such as outdated convictions or improperly classified priors—that may weaken the prosecution’s case.
Challenging Prior Strikes
Romero Motion: In some cases, we can file a motion under People v. Superior Court (Romero) to ask the judge to dismiss or “strike” a prior serious or violent felony if doing so serves the interests of justice.
Post-Conviction Relief: For older strikes, we investigate whether there are grounds for reducing or expunging a past felony conviction, particularly if recent legal reforms or changed circumstances apply.
Negotiating and Litigating
When possible, we seek alternative resolutions to avoid trigger strikes, such as charge reductions or plea agreements to non-strike offenses. If negotiations fail, we’re prepared to mount a robust defense—challenging the evidence, cross-examining witnesses, and exploiting every flaw in the prosecution’s case.
Highlighting Mitigating Factors
We underscore any evidence that demonstrates your rehabilitation, family responsibilities, employment history, or other factors showing you are not the same individual who committed past offenses. This can influence a judge’s decision on whether to apply three-strikes sentencing.
Exploring Appellate Options
Even if a conviction is secured under the Three Strikes law, we can explore appellate or post-conviction relief avenues—especially if constitutional errors, ineffective assistance of counsel, or newly discovered evidence come to light.
Why Choose Simmons Wagner, LLP in Irvine, CA, for Three Strikes Defense?
- Deep Knowledge of California Sentencing Laws
We stay current with legislative changes (like Prop 36 and Prop 47) and relevant court rulings to ensure you benefit from every applicable reform. - Proven Record in Serious Felony Cases
Our attorneys have extensive experience defending complex felony matters, including murder, robbery, and drug trafficking—often entangled with strikes. - Tailored, Results-Driven Advocacy
We evaluate each client’s background, prior convictions, and the specifics of their new charges to design a personalized defense plan aimed at mitigating or avoiding harsh three-strikes penalties. - Thorough Investigation & Preparation
From analyzing original conviction documents to engaging forensic experts, we leave no stone unturned in challenging the allegations and priors that form the basis of a strike. - Client-Centered Representation
We know the gravity of three-strikes allegations—your freedom is at stake. We maintain open communication, explaining legal developments, exploring defense strategies collaboratively, and offering unwavering support.
Contact Us
A three-strikes conviction can lead to decades—or a lifetime—behind bars. Simmons Wagner, LLP is here to help you fight back. Call (949) 439-5857 to schedule a free, confidential consultation. We’ll review your case, discuss potential defenses or avenues for challenging prior strikes, and develop a strategy to protect your future and your freedom.