Three Strikes Law Overview

Almost everyone has heard of the three strikes law, but not everybody understands what it is and how it works. The term three strikes law conjures up pictures of a baseball umpire in full garb yelling "You're out!" While the term may have originated in baseball, the two couldn't be further apart; one is the National pastime, and the other is a long time in prison.

Definition of the Three Strikes Law

In a nutshell, the three strikes law requires the courts to dole out mandatory and extended prison terms for anyone who has been convicted of a serious crime three or more times on three or more separate occasions. These laws are also known as habitual offender laws. The types of felonies that typically would fall under the three strike laws include murder, rape, sexual abuse, carjacking, kidnapping, assault, and drug offenses. Each state's definition may be different and this list is by no means all inclusive.

The Purpose of the Three Strikes Law

The purpose of three strikes laws is to deter violent crime. A three strike law exists in almost every state. Washington state was the first state to enact a three strike law and California followed suit a year later with their version. The United States Supreme Court has ruled that these laws are constitutional and do not violate anyone's civil rights. The three strike law can vary greatly from state to state and depend on a variety of different circumstances. Some states say the three strike law cannot be imposed unless all of the previous crimes were violent crimes, and other states make no discrimination in that regard. Some states allow a time period to pass between convictions. For example if 15 years have passed since the previous conviction, the three strike law starts all over again.

Conclusion

The application of the three strikes law against you could mean an extended prison term without possibility of parole. If you've been charged with a violent crime and feel you may be sentenced under your state's three strike law you should contact qualified criminal attorneys to represent you.