California Three Strikes cases
California’s Three Strikes law is a sentencing scheme that adds significant time to the prison sentences of certain offenders convicted of a new felony under Penal Code section 667(e). When someone has a qualifying strike on the record, prosecutors may file the prior conviction as a sentencing enhancement in a new felony case.
The list of qualifying prior strikes includes obvious serious offenses such as murder, rape, and arson, but can also include less obvious charges such as criminal threats and first-degree burglary.
One prior strike
Having one prior strike can significantly change the maximum exposure on a new case. The archived page described a single strike as doubling the term for the new felony, limiting probation eligibility, and increasing the percentage of a prison sentence that must be served.
Two or more prior strikes
A person alleged to have two or more prior strikes may face a minimum sentence of 25 years to life on a new felony. The age of the prior convictions and a long crime-free period do not automatically prevent the prosecution from alleging them.
The law can be applied far beyond violent repeat offending
The Three Strikes law was enacted in the 1990s following highly publicized murders and was intended to address violent repeat offenders. The archived page argued that strike allegations are often applied to new felonies that are not themselves violent, creating life exposure even for comparatively minor conduct.
Romero motions and dismissal of prior strikes
The archived page reported that Attorney Mark Anthony Raimondo had handled more than 100 cases in which prosecutors alleged two prior strikes and demanded 25 years to life. It stated that no client represented by the firm in those matters was serving life based on the alleged strike priors.
A court may be asked to dismiss a prior strike in furtherance of justice under Penal Code section 1385, commonly called a Romero motion. Whether relief is available depends on the person, the prior conviction, the new case, public-safety considerations, and current law.
Client experience from the archived page
“I was looking at a potential nine years in prison and had three prison priors. I followed every suggestion Mark gave me. I did not do a day in prison or jail. Thanks to God, Mark, and his staff.”Jerry E. — Three Strikes client
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