Three Strikes Laws

Three Strikes' Sentencing Laws provide for mandatory life imprisonment if a convicted felon has been convicted of a serious violent felony in federal court and has two or more previous convictions, including one for a serious violent felony. Serious violent felonies include murder, manslaughter, sex offenses, kidnapping, robbery, and felonies involving force or risk of force. More than half of U.S. states have enacted similar three strikes laws since Washington passed the first in 1993, though the specific requirements vary between states. Three strikes laws remain controversial regarding their effectiveness and constitutionality.

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Three Strikes Laws

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Three Strikes' Sentencing Laws

Created by FindLaw's team of legal writers and editors | Last updated January 29,
2019

Under the Violent Crime Control and Law Enforcement Act of 1994, the "Three Strikes"
statute provides for mandatory life imprisonment if a convicted felon: (1) has been
convicted in federal court of a "serious violent felony"; and (2) has two or more previous
convictions in federal or state courts, at least one of which is a serious
violent felony (the other offense may be a serious drug offense). The sentencing
enhancements in this law can have a significant impact on a criminal defendant.

Defining Serious Violent Felonies

In order to better understand when three strikes sentencing applies, it's necessary to
know how serious violent felonies are defined. The statute defines a serious violent
felony to include the following:

 Murder;
 Manslaughter;
 Sex offenses;
 Kidnapping;
 Robbery; and
 Any offense punishable by 10 years or more which includes an element of the
use of force or involves a significant risk of force

The statute also specifically excludes certain felonies, such as unarmed robbery
offenses or arsons which posed no threat to human life. However, in those cases,
the burden is on the defendant to show that the crimes didn't involve threats to use a
dangerous weapon and that no threat of death or bodily injury was involved. In other
words, these can count as strikes unless a defendant proves otherwise.

State Laws and Three Strikes Sentencing Controversies

The State of Washington was the first to enact a "Three Strikes" law in 1993. Since
then, more than half of the states, in addition to the federal government, have enacted
similar laws. The primary focus of these laws is the containment of recidivism.
California's law is considered the most far-reaching and most often used among the
states, although it was substantially amended in 2012. Amongst the states, there's a
considerable amount of variety in how these laws are set up, either in how a "strike" is
defined and how many strikes are required. South Carolina, for example, provides for
two strikes for the "most serious offenses."

Three strikes laws have been the subject of extensive debate over whether they're
effective. Defendants sentenced to long prison terms under these laws have also
sought to challenge these laws as unconstitutional. For instance, one defendant was
found guilty of stealing $150 worth of video tapes from two California department stores.
The defendant had prior convictions, and pursuant to California's three strikes law, the
judge sentenced the defendant to 50 years in prison for the theft of the video tapes. The
defendant challenged his conviction before the U.S. Supreme Court in Lockyer v.
Andrade (2003), but the Court upheld the constitutionality of the law, finding that it didn't
violate the "gross disproportionality principle."

Are You Subject to Three Strikes Sentencing? Get Professional Legal Help

If you have previous criminal convictions, you should know whether your state has a
three strikes law and, if so, whether it could apply to you. After all, you don't want to end
up with the same fate as the defendant above, spending decades in prison after
committing a relatively minor crime. The best way to learn more about these types of
laws and to protect your rights is to contact an experienced criminal defense lawyer in
your state.