What are Three Strikes Laws?Three strikes laws are state laws that provide for a much harsher punishment, generally a life sentence, the third time a person commits a felony. Three strikes laws vary greatly from state to state, and their application can turn on factors such as: - The length of time between felonies
- The seriousness of the felonies
- How much discretion the trial judge has in sentencing under the law
Which States Have the Most Severe Three Strikes Laws?
California is generally thought to have the most severe three strikes law in the nation. In California, the "third strike" applies regardless of the seriousness of the prior felonies. This means a person convicted of nonviolent felonies, such as drug possession, can receive a prison term of 25-years to life for a third felony. In addition, California's three strikes law applies to some felonies committed when the person was a juvenile. The law also does not take into account the length of time between felonies, so a third strike can apply even if the first two felonies were committed many years before. Some states apply the "strike" to the second serious, violent felony. For example, in Georgia and Tennessee a felon convicted of a crime such as murder, armed robbery, kidnapping, or rape, must receive a life sentence without the possibility of parole. Many other states require a life sentence without the possibility of parole for the third violent felony a person commits. Other states with more lenient three strikes laws, such as New Hampshire, have maximum prison term of 30 years for the third felony conviction. Are Three Strikes Laws Constitutional?California's Three Strikes law was challenged as an unconstitutional violation of the Eight Amendment, which protects a person from cruel and unusual punishment. The Supreme Court upheld the law, even when applied to minor felonies, such as stealing golf clubs. Furthermore, the Court's reasoning about the California law seems applicable to the three strikes laws of other states. Do I Need a Criminal Law Attorney?Three strikes laws carry very serious consequences for repeat felony offenders. If you are being charged under a three strikes law, speak with an experienced criminal defense attorney right away. |
