![]() Our attorney Mark Werksman is a former Deputy District Attorney and US Attorney and has a rare level of insight into the criminal justice system.Īttorney Alan Jackson served as a former prosecutor as the Assistant Head Deputy for the Major Crimes Division at the LA County DA’s Office. At Werksman Jackson & Quinn LLP, your criminal lawyer has the support and input from the entire team of attorneys at the firm. If you are facing the dire consequences in a Three Strikes felony charge, the skills of your lawyer will play a significant role in the outcome of your case. The first step is to ensure your case is managed by a skilled, experienced, and accomplished criminal defense attorney who will review the facts and advise you of the best options to seek to reduce the damage to your life and freedoms, whether a case dismissal, reduced charge, reduced sentence, or an acquittal at trial. Your case may allow for a Romero Motion to be filed, or you may have been sentenced under Three Strikes before the law changed. The judge in the case did not feel that he deserved life in prison for the offense, and struck it down, sentencing him to six years (twice the maximum penalty of three years), due to his prior criminal record.īack to Top Your Legal Defense and the Quality of Your Criminal Attorney Due to his prior convictions, he qualified to be punished under the Three Strikes law. 13 grams of cocaine, which carries up to three years in prison. The history of the Romero Motion is a case in which Jesus Romero was convicted for the possession of. The judge reviewing the matter will consider if the defendant has the right to be free from cruel and unusual punishment, and whether they, for several reasons, should not be subject to the spirit of the law due to issues such as background, character, worth to society, and other mitigating factors. This legal action is called a “Romero Motion.” This pleading can be filed by your criminal attorney, requesting the court to not use prior strikes when sentencing. In some cases, the court can be petitioned to remove a strike from your criminal record. ![]() Any felony that results in great bodily injury to another personīack to Top Can a “Strike” be Removed from your Criminal Record?.Any felony punishable by death or life imprisonment.The law applies to violent felony offenses, which are listed under CA Penal Code 667.5, some of which are listed here: ![]() ![]() If a defendant has two or more prior serious or violent felony convictions the prison term for the current felony conviction shall be life imprisonment or three times the term for the current felony conviction, or imprisonment for 25 years, whichever is longer.īack to Top What is a “Three Strikes” Offense? Under California Penal Code 667, if a defendant has one prior serious or violent felony conviction the sentence imposed will be twice the term for the current felony conviction. This change was significant, as many people were incarcerated under the earlier version of the law who did not commit a violent felony.īack to Top How Does the Three Strikes Law Affect Sentencing? In 2012, the law was amended so that the new felony offense must be a serious or violent felony offense. Once it became law, a person who was charged with a felony offense who had two previous felony convictions would be subjected to a mandated 25 years to life sentence. ![]() In 1994, the Three Strikes Law was enacted. ![]()
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