Criminal Defense | Drunk Driving | Military Law
Thursday, June 13, 2013
“Three Strikers” Who Have Already Been Sentenced Get A Second Chance
Then, in an effort to be fairer to Defendants and perhaps to lessen the prison population, the California legislature passed a law known as the Three Strikes Reform Act of 2012 in November of 2012. That law states that a Defendant will only be subject to a 25 year to life sentence if the new crime (or third strike) is a serious or violent one. Serious or violent crimes would include residential burglary, Assault with Great Bodily Injury, Car Jacking, some Sex Offenses, and Attempted Murder among others. However, crimes like Possession with Intent to Sell a Controlled Substance and Grand Theft are not considered serious or violent and thus would not trigger the 25 to life sentence requirement.
By some estimates there are 3000 inmates who are serving 25 to life sentences for situations where the third strike was not a serious or violent offense. Those inmates are entitled to immediate review of their cases. The Law Offices of William W. Bruzzo can be retained to file a Motion for Resentencing consistent with the new law. It should be noted that the District Attorney can fight this attempt at resentencing if they present evidence at the hearing that shows the Defendant poses an unreasonable risk of danger to public safety. Regardless, for Defendants in this situation, it provides a great opportunity to get their life back. (See People v. Superior State of California, Kaulick-Real Party in Interest. 2013 DJDAR 5571).
Here is a CBS News video discussing the Motion for Resentencing
If you are having trouble viewing the video, you can see it here.
Criminal Law Updates by the Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547 4636