Three Strikes Law
“Three Strikes” sentencing laws are probably among the most complicated and intricate series of laws in the entire legal system. It is no exaggeration to state that most prosecutors and even judges are confused by the morass of details, propositions and bills, references, and exceptions throughout the Penal Code involving the “Three Strikes” sentencing system. It is an outmoded and blatantly unconstitutional system that needs to go, but unfortunately, it is still fully in effect and can have a devastating impact on you and your loved ones.
What defenses can your lawyers advance on my behalf?
Remember, even if you or your loved one is facing a second or third strike and an accompanying enhanced prison sentence, all is not lost. Under the important California court case of People v. Romero (1996) 13 Cal. 4th 497, Robert Ernenwein can motion the court to “strike a strike.” A trial judge has discretion to exclude the strike in the interests of justice.
We may be able to persuade a judge to ignore the strike, and sentence you as though the prior strike or strikes did not exist.
Under another important California court case, People v. Williams (1998) 17 Cal. 4th 148, a judge considering a motion to “strike a strike” under the Romero case may consider the nature and circumstances of the defendant’s present felonies and prior convictions, as well as the defendant’s own character (including their biography, home life, work history, and statements from their friends and family). We have ample experience in preparing and presenting successful Romero motions to judges throughout Southern California.
Even if the legal principles under Romero or Williams do not succeed at court, there are several other options. First, our Los Angeles criminal defense attorney may be able to convince a prosecutor to dismiss a prior conviction allegation for insufficient evidence. Also, Robert Ernenwein can try to convince a court to reduce a felony charge to a misdemeanor, thereby avoiding the “Three Strikes” issue. In addition, a strike offender may be eligible for deferred entry of judgment under Penal Code section 1000, which will also allow you to sidestep “Three Strikes” sentencing.
Robert Ernenwein strongly feels that the “Three Strikes” law is dramatically unfair and a clear violation of the Eighth Amendment to the Constitution, which prohibits cruel and unusual punishment. He has been vigorously opposing enhanced alternative sentencing for our clients since the advent of the “Three Strikes” law in 1994.
Mr. Ernenwein is familiar with the obscure details, loopholes, and exceptions in the complicated “Three Strikes” statutes, and with the many defenses available in a strike-related case. My team is ready to fight for you today. If you or a loved one is facing criminal prosecution with one or more prior strike convictions, please call our office today for further information and for a free consultation.