We have a new Sub-Forum here for the discussions pertaining to the 3 Strikes changes we will be voting on in November. Please post all related issues here. This Sub-Forum will be removed after the election and all post will be returned to the California Forum.

Last week the judge denied our motion for the new trial, so my son in law has to be sentence on Sep 28,2004. This is his 3rd strike case, so the judge allowed him to wait to November for sentence to see if the law will passed, but my son in law still want to sentence as soon as possible. He was desperate about the legal system.How you think? Please give us some advise???

I certainly hope they change the 3 strikes law, it's just not right the way it is written now.

Is it considered a strike for a domestic violence, felony. I know someone is on his third dv felony within about 5 years with the same person....Is any felony considered a strike?

BLuft.....no, not every felony is considered a strike. It depends on the seriousness of the felony. My bf has 4 felonies and no strikes.

Some examples of strikes are as follows:

arson
murder
rape
kidnapping
assault with a deadly weapon
home invasion
drug trafficking
armed robbery
bank robbery
any attempted felony that would carry a life sentence in prisonFor a complete list, please refer to the California penal code, sections 1192.7. (c) and 667.5. (c).

I hope this helps

it also includes burglary, my husband took a stero from his cousins motor home in the back yard hence residential burglary. which took place in 88, before three strikes law was in affect. He had a drug charge and was told he had a strike. double and 80%, plus two year enhancement for previous charges 8 years. residential burglary is a strike!

Anyone know anything about the Washington 3 strikes law??

It would be great if it actually worked that way. Unfortunately, many people have been sentenced to 3 strikes for crimes such as illegal taking of a vehicle; receiving stolen property; possession of a small amount of methamphetamine, to name a few. . . .
The spirit of the law was to only include violent or serious felonies. Unfortunately, it is used for almost any felony, based on the DA who prosecutes the case and what they feel like charging at the time.

My guy is doing 3 strikes time for 2 strikes, illegal taking of a vehicle and possession of meth.
BLuft.....no, not every felony is considered a strike. It depends on the seriousness of the felony. My bf has 4 felonies and no strikes.

Some examples of strikes are as follows:

arson
murder
rape
kidnapping
assault with a deadly weapon
home invasion
drug trafficking
armed robbery
bank robbery
any attempted felony that would carry a life sentence in prisonFor a complete list, please refer to the California penal code, sections 1192.7. (c) and 667.5. (c).

I hope this helps

The 3X law is the biggest railroading tool CA has at this time. I am an X-con who has done 2 terms totalling 11 years. The last term was 7 years for possession of less then a gram of meth. However due to the strike law I faced 6 life sentences under the strike law. Eventually I was down to 3 life sentences. WOW................Anyways, in the end I had to turn myself in facing those L's. Fortunatley, 2 charges were dropped and I went to prison with 7 years and a life sentence pending. Another year later I won the pending case due to a legal tech. But if I had not spent all my time in the law library I would have never found the technicallity that got the last L off me. The thing is about the strike law is the wording of the law. Any violent, serious, and/or (key word) any felony. So legally speaking any felony is strikable. However being the Judge has descretion to strike or not strike often time a person does not get struck. Additionally crimes committed before the passing of the strike law are retro-activated by the CA courts.At least mine were. My first felony conviction was of a violent nature however it was in 1987. The courts showed no mercy on any level and yes I took it all the way to the 5th District (apeals court). And I have large boxes of paperwork to prove it. SIGH. The sad part about the strike law is CA never needed it. CA already had the BITCH ACT (for habitual criminals) which meant CA could prior (and convit them to 5 years for each prior felony conviction. No half time 85%) The strike law is destroying people and their families lives and CA courts don't care. All they see is a way to give out alot of time to folks and get re-elected as a result of it. Now the stupid part of the law is that it is suppose to be base on stopping violent offenders right? How many serial killers do you know who ever got out of prison prior to the strike law? NONE. If the offender was that violent to begin with they probably got life to begin with. Like with 187's etc. So those who voted for the law based most of their vote on TV hype and the way the law was sold. I don't think many actually read the bill completley thru. I know my Aunt and Uncle voted for it. And when I fought my case they were amazed how what the were sold and what was being done to me were completley different. When I parole in 2002 after doing the 7 years flat............Alot of my homegirls convicted under the strike law were hopeful about new bills and the law changing. I told them it would never happen and they were mad I was so negative. Well they are still sitting there. CA would rather confine then rehabilitate their offenders and the way the courts look at it is that we offenders are now out of the way.

i agree that most people went with the hype on the tv and didnt bother to read the actual bill before they voted.. . . tell me how many child molesters have been released from prison to re offend AFTER the strike law was passed. . . . the whole thing is a crock and just a waste of our money as taxpayers. it is destroying families and destroying lives. . . not to mention the way its draining CA of money left and right. we can no longer hold all these 3rd strikers we have locked up. it costs something like $449,000 to house 1 3rd striker for a min of 19 years. go figure. we will spend more keeping him locked up than they would probably have made in their lifetime.

Yeah We Definetly Have To Do Something About The Strikes Law. I Am Out On Bail And Just Took A Deal For 32 Months With 80% For 20 Dollars Worth Of Meth. Because I Have A Strike From 97. Off Parole Now For 2 Years , Never Got Another Case, Until This Drug Case.i Turn Myself In In February. I Was Looking At 6 Years With 80% If I Didnt Take The Deal. For First Time Drug Charge Of $20 Dollars Of Meth! I Guess They Want To "rehabilitate Me" Right? Lol

My 19 year old brother just received his 3rd strike and was sentenced to 25 to life. Non of his crimes were violent. His first 2 strikes were from breaking into unoccupied hunting cabins and stealing guns. He got 2 strikes for that. His third was for felony evading. He ran when he was getting pulled over for expired tags. Trust me, he has a lot of screw ups and he definately needs to be punished but this law was written for the "career criminal" I am not sure how you can be a career criminal at 19 years old. To top it all off, they have put him in a level 4 yard at High Desert Prison. He weighs about 120 pounds and is 5'7" and looks to be about 15. How long do you suppose he will survive a level 4 yard?

i am so sorry to hear about your brother; my husband is doing that sentence and none of his crimes were violent either. . . i will keep my fingers crossed he ends up with a good older cellie who will kind of watchover him; myhusband has always been on a level 4 also, and i know a couple kids who are over there, the "older" guys try and watch over them and keep the drama away from them as much as possible.

My 19 year old brother just received his 3rd strike and was sentenced to 25 to life. Non of his crimes were violent. His first 2 strikes were from breaking into unoccupied hunting cabins and stealing guns. He got 2 strikes for that. His third was for felony evading. He ran when he was getting pulled over for expired tags. Trust me, he has a lot of screw ups and he definately needs to be punished but this law was written for the "career criminal" I am not sure how you can be a career criminal at 19 years old. To top it all off, they have put him in a level 4 yard at High Desert Prison. He weighs about 120 pounds and is 5'7" and looks to be about 15. How long do you suppose he will survive a level 4 yard?

My son just went to court Jan 22, 2007 he is looking at his third strike for bank robbery. His attonery and the DA keeps postponing his court dates, because the DA did not read his case. His attorney does not seem to be trying to help him. He just says it's up to the district attonery, and what they want to do with my son. My son needs to be rehabilitated, so I'm hoping that the judge will get the help he needs and not just throw him in prison. His next court date will be in March.

Thank you for putting it straight up and down, my son has two strikes and has a new felony charge of domestic violence...I could never figure out how he caught two strikes when he only has petty thefts and a residential burglary....now I see the loophole (any felony)....he did time at Pelican Bay and we are very concerned that he will do life...Did you have an attorney...it sounds like you did your own research...how did you avoid the life sentences.....take care....~Cat

Thank you for putting it straight up and down, my son has two strikes and has a new felony charge of domestic violence...I could never figure out how he caught two strikes when he only has petty thefts and a residential burglary....now I see the loophole (any felony)....he did time at Pelican Bay and we are very concerned that he will do life...Did you have an attorney...it sounds like you did your own research...how did you avoid the life sentences.....take care....~Cat

No my son is still going to court over his mess, he has a public defender that don't seem to care about what happens to him. I can't afford an attorney for him, I wish I could. Tuesday, May 8, 2007 he will be going to court again. This has been going on for almost a year, this will be his 3rd strike. All I can do is hope and pray God will have mercy.
Take Care

Hang in there yall! My husband is serving a 3 strike sentence now as of 12 years, for 5.00 of crack! He's in Ca, where they are going to be letting these no violent offenders OUT! They are gonna come home and it might now be until early next year, but my husband has a paper that tells him he qualifys for this early releasing. So hang in there.. I don't know everything, but I'll let you this, they will be coming home.. When I know more I'll let all of you know ok!! Keep your head up and just pray!:thumbsup: Thank you all for sharing..

Well, it is now August 2007 and my son is still going to court. He is in more trouble now, because the officers at DVI are trying to say my son is trying to escape and my son says that he is not trying to escape. He goes to court Aug. 8th, I bet they poatpone his court date again, because his PD is on vacation. Please pray for my son, he needs all the help he can get

thanks, studentcorina

I will be praying for you all. Even the judge and everyone else in the court room.. Keep your head up! God bless!

Hang in there yall! My husband is serving a 3 strike sentence now as of 12 years, for 5.00 of crack! He's in Ca, where they are going to be letting these no violent offenders OUT! They are gonna come home and it might now be until early next year, but my husband has a paper that tells him he qualifys for this early releasing. So hang in there.. I don't know everything, but I'll let you this, they will be coming home.. When I know more I'll let all of you know ok!! Keep your head up and just pray!:thumbsup: Thank you all for sharing..

Can you explain a little more about the paper your husband has that says he qualifies for early release? Who is it from? Sorry to be so nosey. But I have a bro-in-law doing 75 to life for non violent crimes.

I am new here and in Love with a Lifer. We are in California, and he is serving a 78 to life under the three strikes law. Our case was recently accepted by a prisoners rights attorney out of S.F., and we are hoping to one day get a date. His life is well worth the money we will be charged to be represented. I have developed a website with our story, I guess you have to have so many posts to be able to put it on a thread. Soon I will be able.


Help Unite Our Family
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Ever wonder about the politics behind the 3 strikes law? Read Cruel Justice: Three Strikes and the Politics of Crime in America's Golden State by Joe Domanick.

It's an eye opener.

Thats right! to those that know the scrueny of the three strikes. My husband faced strike 2 with 14 years thrown out to him for a plea on having a illeagel sized knife in possesion.(a VIOLATION in my opinion) Absolutly nothing with it. No strong arm, no attempt, just possesion. The lawyer got it down to 5 years which he did 2.5. But it remained strike 2. About the overcrowding....I blame the three strikes for that too. The lifers are now mixed with drug offenses and murderes. its just plain assinighn! The problem with voting is they never are completly truthful and the voters dont dig deep. If they were truthful..they make loopholes. So morale of the story is what can you get a strike on? ANYTHING THEY WANT TO CONSIDER A STRIKE FOR!

Some clarification:
There is no CA felony for having a knife that is too long. It could be a felony based on how it was carried (fixed blade can't be concealed) or the kind of knife (switchblsde, gravity, dirk, dagger, butterfly, etc.).

If he did 50%, he did not admit a strike. Non-violent strike enhanced crimes are calculated as 80%. Of course, he could have strikes that weren't admitted.

Simply having a knife isn't a new strike. Assaulting someone with a knife is a strike.

Strikes law isn't about loopholes. What is or isn't a strike is a very clear and overed in just a few statutes. The impact of strikes on a sentence is also a known. However, whether a Judge or a DA will enforce a strike, or even know it exists, is a crapshoot. There's a lot of subjectivity when strikes are or are not applied towards a sentence.

Strikes can only enhance a felony, but they can enhance any new felony (violent, serious, or garden variety; it doesn't matter).

Thats right! to those that know the scrueny of the three strikes. My husband faced strike 2 with 14 years thrown out to him for a plea on having a illeagel sized knife in possesion.(a VIOLATION in my opinion) Absolutly nothing with it. No strong arm, no attempt, just possesion. The lawyer got it down to 5 years which he did 2.5. But it remained strike 2. About the overcrowding....I blame the three strikes for that too. The lifers are now mixed with drug offenses and murderes. its just plain assinighn! The problem with voting is they never are completly truthful and the voters dont dig deep. If they were truthful..they make loopholes. So morale of the story is what can you get a strike on? ANYTHING THEY WANT TO CONSIDER A STRIKE FOR!

If you had to fellony conviction before 1994 is it true there a new law comming out or going to be voted on that nothing be for that will count it will count after that law was in affect is there a web site i can go to regaurding the 3 strike law any body can recemmend so i can look more in to that thank you for you info god bless.

I'm sorry, I don't understand your question. I can say that there are no changes to CA 3 strikes pending, but they are often discussed. Past voter propositions either didn't make the ballot or lost. There are no pending proposed changes.
I think the best bet for future change will be not applying strikes towards drug possession for personal use charges.


If you had to fellony conviction before 1994 is it true there a new law comming out or going to be voted on that nothing be for that will count it will count after that law was in affect is there a web site i can go to regaurding the 3 strike law any body can recemmend so i can look more in to that thank you for you info god bless.

i'm sorry, i don't understand your question. I can say that there are no changes to ca 3 strikes pending, but they are often discussed. Past voter propositions either didn't make the ballot or lost. There are no pending proposed changes.
I think the best bet for future change will be not applying strikes towards drug possession for personal use charges.what i mean is if you had two strikes before the law was pass of three strikes law. That they would not count before the time the law was inafect is there talk about what ever conviction you had before would not count as strike.

I think you asked if old strikes, predating the passage of 3 Strikes law, might not be used as strikes in the future.
No, there is no discussion keeping old strikes from being used. To the contrary, there is a lot of case law saying that using old strikes is not a violation of Due Process nor Equal protection.
For instance, a rapist with 2 rape strikes that both predate the passage of 3 Strikes sentencing would certainly be at risk of a life sentence if they were to pick up a new felony conviction. What HAS sometimes been discussed is whether or not that new conviction needs to be violent; or whether that new conviction has to something other than drug possession. Discussion doesn't mean that changes are close, however. The last voter proposition to change 3 strikes lost, and the next effort failed to make the ballt. There is speculation that prison overcrowding and lack of health care migth combine to cause future change, but at this time it is speculation only.

what i mean is if you had two strikes before the law was pass of three strikes law. That they would not count before the time the law was inafect is there talk about what ever conviction you had before would not count as strike.