The Three Strikes statute was established in 1994 to help keep violent, repeat offenders off of the streets. If you've been convicted of two or more serious violent felonies, and you now find yourself charged with another felony, you need experienced legal representation on your side.
The First Two Strikes
Although only half of the states in the US have established three strikes statutes, as it is a controversial policy that some states do not agree with, this is a federal statute that can be used against you. The first two strikes against you must be serious, and at least one must be a violent felony. The two convictions can stem from the same event, and the second strike can be a serious drug charge.
The Third Strike
The third strike, which will pretty much seal your fate, must be a serious violent felony. If you already have two strikes and are convicted of another felony that does not count as your third strike, your punishment will still be enhanced. You can go to jail for double the normal sentence for the crime you committed, just because of your previous two strikes. Violent felonies which count as third strikes include:
- Manslaughter or murder.
- Raping with violence, force, or fear of bodily injury to the victim.
- Lewd acts on children.
- A felony that comes with a death sentence, or life sentence in jail.
- Using a firearm to cause serious injury to another person.
- Setting a fire that causes serious injury.
- Robbing a house that is inhabited with a dangerous weapon.
- Trying to murder another person.
- Sexually abusing a child continuously.
Although crimes that are considered for the third strike are generally violent in nature, there are some exceptions. You can receive the maximum, third strike penalty for non-violent crimes that include:
- possession of cocaine, meth, or heroin with intent to distribute, sell, or manufacturing the drugs.
- a felony sex offense, even if it is not considered violent.
- forcible penetration of a child under fourteen.
- if one of the two previous strikes is considered a serious crime, the third can be less serious.
If you are worried about the criminal charges you are facing, it's time to get serious about your legal case. When you are faced with charges and you have other convictions, it's necessary to fight with all that you have. Contact an experienced criminal defense attorney in your area to discuss your case.
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