Q: If someone had 3 felony convictions before 3 Strikes was law, can they get 25 to life for those w/o a new conviction?
I'm doing a paper on the three strikes statute and I'm curious as to how former habitual felons are treated if they haven't been convicted since the implementation of three strikes in their state. Are the former convictions retroactively made strikes? Do they face life in prison for crimes they committed 40 years ago and haven't committed since? They technically have 3 strikes, but if they don't commit another crime do they avoid it since it wasn't law when they got their convictions?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, the Three Strikes statute applies to all felony convictions, regardless of when they were obtained. This means that even if a person's prior felony convictions were obtained before the implementation of Three Strikes, they can still face 25 years to life in prison for a new felony conviction.
The prior convictions are retroactively considered strikes, and a person's sentence can be enhanced based on those convictions. However, there are some exceptions and limitations to the Three Strikes law. For example, certain non-violent offenses may not be considered as strikes. Additionally, there is a provision for a judge to strike a prior conviction in certain circumstances.
If a person with prior felony convictions has not committed a new offense since the implementation of Three Strikes, they would not face the enhanced sentence unless they were to commit a new felony offense. However, it is important to note that any prior felony convictions can still impact a person's criminal record, employment prospects, and other aspects of their life.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
