What Is The 3 Strikes Law?
The basic 3 strikes law says that if you are convicted of 2 prior “strike offenses” which are violent or serious felonies, then ANY subsequent felony conviction qualifies the defendant for a sentence of 25 years to life in prison. The kicker here is that the 3rd felony doesn’t have to be violent or serious. Stealing a loaf of bread because the defendant is hungry may qualify as a felony and make the defendant a candidate for a third strike. So, is this a hard and fast rule? The simple answer is NO. Both the DA and the judge have discretion to modify things. The DA can choose to charge the 3rd offense as a strike or she can ask the judge to “strike the strike” for purposes of sentencing. In this case, the defendant could still be convicted of a felony but it wouldn’t be considered a strike triggering the 25 to life punishment. Whether this happens depends more on the county than anything else. The DA policy varies from county to county. In addition, the judge can “strike the strike” in
