AS AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY, PATRICK S. AGUIRRE KNOWS THE BEST STRATEGIES TO EMPLOY TO PROTECT YOU FROM HARSH THREE STRIKES PENALTIES.
Many states, including California, have Three Strikes Laws designed to keep violent repeat offenders off the streets by attaching increasingly severe penalties to each subsequent offense. There is also a federal Three Strikes Law. Some of the crimes covered by these laws include:
- Certain assaults
- Gang crimes
- Sexually violent offenses
While Three Strikes Laws may seem practical on paper, they can result in highly unfair penalties for individuals in practice. This is why it is imperative to retain an experienced criminal defense attorney if you have been accused of any crime that qualifies as a Strike—whether it would be your first, second, or third Strike.
There are many ways in which Three Strikes Laws can result in unfair penalties. First, these laws often increase the punishment for crimes that may not be all that serious. For example, under California law, a third-degree burglary may only be a misdemeanor. However, if the individual has two prior qualifying strikes on their record, the third-degree burglary becomes a felony punishable by up to eight years in state prison. This is an extreme example, but it demonstrates how Three Strikes Laws can take what would be a relatively minor offense and turn it into a much more serious one.
Second, these laws often require individuals to serve mandatory minimum sentences even if the facts of their case do not warrant it. For example, if an individual is convicted of a felony that qualifies as a third strike, they will be required to serve a minimum sentence of 25 years to life in prison, even if the facts of their case do not warrant such a lengthy sentence.
Finally, Three Strikes Laws can result in unfair penalties because they often do not consider the individual’s criminal history. For example, an individual with a long history of violent crimes is likely to receive a much harsher sentence under a Three Strikes Law than those with no prior criminal record. This is because the Three Strikes Law does not consider the severity of the individual’s prior convictions, only their number.
If you have been accused of a crime that qualifies as a Strike, you must retain an experienced criminal defense attorney who can help you navigate the often complex Three Strikes Laws. An experienced attorney will be able to assess the facts of your case and determine if there are any defenses available to you. Additionally, an experienced attorney will be able to negotiate with the prosecution on your behalf to get your charges reduced or dismissed.
Do not let a Three Strikes Law conviction ruin your life. Contact an experienced criminal defense attorney today to discuss your case. Patrick S. Aguirre has successfully defended many clients accused of qualifying Three Strike offenses, and he knows how to mount an effective defense in these cases. He will thoroughly investigate the facts and evidence against you and develop the best possible legal strategy for your case. He is prepared to take your case to trial to defend your rights and freedom if necessary.
PATRICK S. AGUIRRE HANDLES STATE AND FEDERAL STRIKE CASES
You deserve the best possible defense, and after several years of experience, Attorney Aguirre is ready to stand up for your rights. He will fight until he secures a positive outcome in court or mediation so that you can move on with peace of mind. Whether you face charges for a California or federal strike offense, Attorney Aguirre can provide the aggressive representation you need to secure the most beneficial outcome possible. This may include:
Beating the Charge: Depending on the evidence in your case, Attorney Aguirre could show that you are innocent of the underlying offense or there is insufficient evidence to merit a conviction. If you are innocent of the underlying offense, Attorney Aguirre may be able to show this through evidence in your case. Depending on the facts of your case, this could lead to a dismissal of the charges or a not guilty verdict. Additionally, suppose you are facing charges for a crime that you did not commit. In that case, Attorney Aguirre will work tirelessly to investigate your case and find any evidence that may prove your innocence. He will use this evidence to build a strong defense on your behalf and fight for a dismissal of the charges or a not guilty verdict. Naturally, if the charges against you are dropped, or you secure an acquittal at trial, the alleged offense cannot count as a Strike on your record. However, if you are convicted of the offense, it will count as a Strike on your record.
Reducing the Charge: The Law Offices of Patrick S. Aguirre will work hard to find a favorable plea deal for you if you need to plead guilty. Even if the evidence seems insurmountable, there is no need to give up. If you are facing charges, our criminal defense lawyers will work tirelessly to get the best possible outcome in your case. We have a long track record of success in court and will do everything possible to minimize the consequences of your conviction. In a Strike case, this deal will hopefully include a reduced charge and a reduced sentence. The defendant would plead guilty to the reduced charge and receive a sentence that is also reduced. This would be an excellent outcome for the defendant and would serve as an example to other defendants who may be considering a Strike. Remember, only felonies count as Strikes, so if your charge is reduced to a misdemeanor, it cannot count as a Strike. Even though the defendant’s charge is reduced to a misdemeanor, it cannot count as a Strike because only felonies can be counted as Strikes. This would be an excellent outcome for the defendant and would serve as an example to other defendants who may be considering a Strike.
Striking a Prior Strike: To dismiss a prior Strike, you must file a motion with the court. This motion must state specific reasons why the prior Strike should be dismissed. The judge will then consider your motion and make a decision. If the judge decides to dismiss the prior Strike, this will reduce the penalties for your current Third Strike offense. After the prosecution has presented their case against you, your attorney will have a chance to argue on your behalf why the Third Strike Law should not apply in your case. Many possible defenses can be raised in these situations. For example, if the current charge is not a serious or violent felony, your attorney may argue that it does not meet the criteria for a Third Strike.
Additionally, if you have been rehabilitated since your last offense or if there are other extenuating circumstances, your attorney may argue that you should not be subject to the harsh penalties of the Third Strike Law. If the judge agrees with your attorney’s arguments, they can choose to sentence you according to the penalties for your current offense rather than under the Third Strike Law. This can result in a much more lenient sentence and may even allow you to avoid prison altogether.
The best defense is a good offense. Remember, Patrick S. Aguirre has been representing clients since 1998, and his success rate in trials leaves little room for doubt as to how well he can help you get your life back on track following charges against its entirety or part? You’ll find personalized attention from him – not only will each case receive dedicated time but also aggressive strategies tailored specifically towards what works based on details about this particular situation at hand that no other lawyer may know yet!
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It’s important to know your legal rights when facing Third Strike penalties. If you have been charged with a serious crime or are on probation or parole, you could be facing life in prison under California’s Three Strikes law.
The prospect of being convicted for a criminal offense is serious, but it doesn’t have to be frightening! California has some aggravating factors that can reduce or eliminate sentences altogether. We can help. Our attorneys have experience handling Third Strike cases and know how to defend your rights aggressively. Call The Law Offices of Patrick S. Aguirre at 800-572-1252 to discuss your case during a free initial consultation.
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Frequently Asked Questions
What is the three strikes law?
The three strikes law is a policy that imposes harsher penalties on criminals who have been convicted of a crime three times. The policy is most commonly used in the United States, known as the “three strikes and you’re out” policy. The three strikes law has been criticized for being too harsh and disproportionately affecting minorities.
The policy was first enacted in California in 1994 and has since been adopted by a number of other states. The three strikes law requires that a person be convicted of a felony on three separate occasions before being subject to a mandatory life sentence. The law has been criticized for its harsh penalties, resulting in life imprisonment for relatively minor crimes. Additionally, the law has been criticized for its disproportionate impact on minority groups.
Despite the criticism, the three strikes law remains in place in several states across the United States. Supporters of the policy argue that it is an effective way to deter crime and keep repeat offenders off the streets. Opponents of the policy say that it is unfair and disproportionate in its impact. The three strikes law remains a controversial policy, and its future remains uncertain.
What are the consequences of having three strikes?
One possible consequence of having three strikes is that you may be banned from playing baseball. Another potential consequence is that you may have to spend time in jail.
The third and final possible consequence of having three strikes is that you may be permanently banned from playing baseball. This means that you would not be able to play baseball ever again, even if you wanted to. This could have a significant impact on your life, as baseball may have been a big part. If you are banned from playing baseball, you may have to find a new hobby or activity to fill your time.
If individuals are convicted of a crime three times, they may face much harsher penalties than if they had only been convicted once or twice. In some cases, an individual with three strikes may be sentenced to life in prison.
What are some criticisms of the three strikes law?
Critics of the three strikes law argue that it is too harsh and disproportionately affects minorities. They also say that the law does not deter crime, as many people who are convicted under the law are first-time offenders.
There is some evidence to support these claims. A study by the Public Policy Institute of California found that, between 1994 and 2000, African Americans were sent to prison under the three strikes law at a rate that was six times higher than their representation in the state’s population. Hispanics were sent to prison under the law at a rate that was three times higher than their representation in the state’s population.
The study also found that while the three strikes law did lead to longer prison sentences for offenders, it did not significantly impact crime rates. The overall crime rate in California increased during the years that the three strikes law was in effect.
Why is the three strikes law controversial?
The three-strikes law is controversial because it is often seen as being too harsh. Additionally, the law has been criticized for disproportionately affecting minorities. Some argue that the law does not deter crime, as many people who are convicted under the law are first-time offenders. Under the three strikes law, someone who commits a third felony can be sentenced to prison. This can lead to people being unfairly punished for minor crimes.
Additionally, the law has been criticized for disproportionately affecting minorities. Some argue that the law does not deter crime, as many people who are convicted under the law are first-time offenders. For example, African Americans are more likely to be sentenced to life under the three strikes law than whites. This can lead to feelings of unfairness and injustice.
The three strikes law is an important part of the criminal justice system, but it is also controversial. It is important to understand the pros and cons of the three strikes law before deciding it.
How does the Three Strikes Law work?
The Three Strikes Law is a law put in place to discourage people from committing crimes. If someone commits a crime and has been convicted of a crime before, then the punishment for that new crime will be much harsher than if this is their first offense. The Three Strikes Law is meant to keep people from committing crimes because they know that the punishments will be much harsher if they do.
The Three Strikes Law has effectively reduced crime rates in states that have implemented it. Studies have shown that the Three Strikes Law has deterred people from committing crimes because they know that they will be punished more harshly if they do. The Three Strikes Law is a good law that keeps people from committing crimes, and it is effective in reducing crime rates.
What are the penalties for a third strike?
The penalties for a third strike depend on the state in which you reside. Typically, a third strike results in a lengthy prison sentence. A third strike may even result in a life sentence in some cases. The severity of the penalties for a third strike varies from state to state, but they are typically quite severe.
If you are facing a third strike, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and the potential penalties you face. An attorney can also help you navigate the criminal justice system and fight for your rights. If you face a third strike, do not hesitate to contact an experienced criminal defense attorney today.
Can someone be released from prison after serving time for a strike?
There is no definitive answer, as each case is unique. In some instances, inmates may be released after completing their sentence for a strike. However, in other cases, an inmate may still be incarcerated even after completing their sentence in other cases. Factors that will be considered include the severity of the crime, the inmate’s criminal history, and the crime’s circumstances. In some cases, an inmate may be released on parole or probation. However, if an inmate violates the terms of their release, they may be returned to prison.