3 Strike Cases
California’s three strikes law is a sentencing scheme that adds significant time to the prison sentences of certain STRIKE offenders convicted of any new felony pursuant to Penal Code Section 667(e). If someone has a strike offense on their record, the District Attorney is obligated under the law to file the prior strike offense as a PRIOR ENHANCEMENT in any and all new cases that person picks up for the rest of their life. For example, if you are charged with a simple felony theft case today (which is not a strike), but have a prior murder on your record (which is a strike), the DA would alleged the new crime as well as the prior strike offense. The list of what qualifies as a Prior Strike can be found in Penal Code Section 667(e), 1170.1. Most people would anticipate that things like Murder, Rape, and Arson would be prior strikes. But even much less obvious charges like Penal Code Section 422 (criminal threats), or Section 460 (1st degree burglary) are also prior strike offenses.
Having even one Prior Strike significantly changes your maximum exposure. By law, a prior single strike DOUBLES the maximum exposure of your new alleged crime. Also, a person with a prior strike is INELIGIBLE for probation, and must serve at least 80% of any prison sentence handed down. A person with TWO or MORE Prior Strikes faces a MINIMUM of 25 years to Life on ANY new felony they pick up at any time for the rest of their life. For example if you have two prior strikes from 1985, and you have been crime free since 1985, but pick up a felony DUI, or any felony for that matter, your minimum sentence would be 25 YEARS TO LIFE.
The three strikes law was enacted by legislative and voter initiatives in the 1990’s. The Law was passed in the anger and panic that followed the tragic murders of 18-year old Kimber Reynolds and 12-year-old Polly Klaas; Killed by men with Felony criminal records. The three strikes law was intended to stop violent repeat offenders—- BUT IT IS SELDOM USED AS DIRECTED BY THE VOTERS. Strike offenses, and strike prior offenses, are overcharged and maliciously prosecuted. There are numerous examples of individuals who steal worthless items, or commit minor non-violent felonies and are thereafter sentenced to prison for life!!
Attorney Mark Anthony Raimondo has handled over 100 cases were the DA was alleging two prior strikes and demanding a sentence of 25 years to life. Not a single client of Mr. Raimondo’s has ever been sentenced to life in prison for alleged strike priors. Not ONE!!! In EVERY SINGLE ONE OF THOSE CASES, Mark has been successful at getting the old Strike Dismissed, or by convincing the Judge to give his client Relief Under Penal Code Section 1385 (Romero Motion), thereby resulting in a non-life disposition. Of all of two strike clients that Mr. Raimondo has ever handled (100+) —
NONE ARE SERVING LIFE!!!
For client’s charged with one strike prior, the law demands that that person never get probation, and any prison sentence must be DOUBLED from its initial base-term. For example, if a person is charged with simple possession (HS 11377), the prison sentencing choices are: low-term 16 months, mid-term 2 years, or upper-term 3 years. But if that same individual has a prior strike on their record, then all those numbers are DOUBLED: low-term 32 months, mid-term 4 years, upper-term 6 years. Further, a person with even one prior strike must serve 80% of any prison sentence as compared to 50% time for everyone else.
Attorney Mark Anthony Raimondo has handled over 100 cases were the DA was alleging two prior strikes and demanding a sentence of 25 years to life. Not a single client of Mr. Raimondo’s has ever been sentenced to life in prison for alleged strike priors. Not ONE!!! In EVERY SINGLE ONE OF THOSE CASES, Mark has been successful at getting the old Strike Dismissed, or by convincing the Judge to give his client Relief Under Penal Code Section 1385 (Romero Motion), thereby resulting in a non-life disposition. Of all of two strike clients that Mr. Raimondo has ever handled (100+)—NONE ARE SERVING LIFE!!! For client’s charged with one strike prior, the law demands that that person never get probation, and any prison sentence must be DOUBLED from its initial base-term. For example, if a person is charged with simple possession (HS 11377), the prison sentencing choices are: low-term 16 months, mid-term 2 years, or upper-term 3 years. But if that same individual has a prior strike on their record, then all those numbers are DOUBLED: low-term 32 months, mid-term 4 years, upper-term 6 years. Further, a person with even one prior strike must serve 80% of any prison sentence as compared to 50% time for everyone else.
Mr. Raimondo has a solid track record of getting relief for his clients by either disproving the prior alleged strike, getting the Strike Prior Dismissed, or by getting the Judge to grant relief under a Romero Motion. Also, Mr. Raimondo has had real success at convincing the DA to reduce the new felony charge to a misdemeanor, thereby eliminating the strike law all together for those clients. If the case is reduced, or if the strike is disproved, or dismissed, then none of the strike consequences above apply.
