Three Strikes Law

The attorneys at Nolan Barton Bradford & Olmos 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, modifies elements of California's "Three Strikes" law, which was originally approved by the state's voters in 1994. This law permits many inmates serving life sentences to seek modification of the sentence and release from prison. Proposition 36 revises the Three Strikes law to impose a life sentence only when the new felony conviction is “serious or violent.” It authorizes re-sentencing for offenders currently serving life sentences if their third strike conviction was not serious or violent and if the judge determines that the re- sentencing does not pose an unreasonable risk to public safety. Proposition 36 continues to impose a life sentence penalty if the third strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession. Proposition 36 maintains the life sentence penalty for felons with non-serious, non- violent third strikes if prior 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 Strike cases, we work with a client’s 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 (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.