Three Strikes Law
The attorneys at Nolan Barton Olmos & Luciano have extensive experience representing clients who are charged under California's Three Strikes statute (Penal Code section 667). This law provides for severely escalating penalties for individuals who have prior convictions for felonies that qualify as “serious” or “violent” crimes.
The “Three Strikes Reform Act of 2012,” also known as Proposition 36, modified elements of California's "Three Strikes" law, which was originally approved by the state's voters in 1994. Proposition 36 permits many inmates serving life sentences to seek modification of the sentence and release from prison. Proposition 36 revised the Three Strikes law to authorize a life sentence only when the new felony conviction is “serious or violent.” It authorized resentencing for some offenders serving life sentences if their third strike conviction was not serious or violent and if the judge determined that the resentencing would not pose an unreasonable risk to public safety.
In 2021, SB483 strengthened the resentencing standards of Proposition 36 by requiring a sentence reduction for those serving life sentences for non-serious, non-violent third strikes, unless the judge found by “clear and convincing evidence” that the individual would pose a danger if released. Unfortunately, in December 2023, the 2nd District Court of Appeal rolled back that more robust standard, holding that it was foreclosed by Proposition 36. Proposition 36 and subsequent changes to the law continue to permit a life sentence penalty if the third strike conviction was for certain non-serious, non-violent sex or drug offenses, or if it involved firearm possession. Proposition 36 also maintains the life sentence penalty for individuals with non-serious, non-violent third strikes if prior strike convictions were for rape, murder, or child molestation.
Our attorneys have the professional expertise required to assess both the present and long-term consequences for clients charged with crimes that qualify as “strikes.” In our handling of Three Strikes cases, we work with our client, their family members, and outside professionals to compile a social history of the client. Often, showing the court the history of how and why a person has been convicted of multiple felonies provides the judge with an opportunity to better understand the person before him or her, and a good reason to impose a more lenient sentence. Through both aggressive negotiation and motion practice (see People v. Superior Court (Romero) (1996) 13 Cal. 4th 497), we have convinced prosecutors and courts to dismiss allegations of prior strikes, thus winning shorter, determinate sentences for clients who otherwise faced long, indeterminate prison terms. Our firm takes great pride in our history of successful advocacy for clients who are charged under the Three Strikes law.
Showing the court the history of how and why a person has been convicted of multiple felonies provides the judge with an opportunity to better understand the person before him or her, and a good reason to impose a more lenient sentence.