Recent Posts in Third Strike Law Category

The California Supreme Court held in the recent case of Superior Court v. Nguyen, that a juvenile who was adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California's Three Strike Laws will count as a strike if that juvenile offender commits another felony.  The 6-1 decision of the California Supreme Court now allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult.

If you or someone you know is charged with a serious crime in juvenile court, it is more important than ever to seek strong legal counsel that understands the implications of a juvenile being charged with a serious felony. Unlike other juvenile cases, this new law allows a juvenile adjudication (conviction) to affect that juvenile through his/her adult life. Contact Robert M. Bernstein at (310) 477-1480 for a free consultation today.

Los Angeles Criminal Defense Attorney Robert M. Bernstein discusses an important court ruling which held that California's Third Strike Law may be unconstitutional in certain circumstances:

The United States Court of Appeals for the Ninth Circuit is the Federal appellate court for the entire western United States. In a recent ruling this December they held that a twenty eight year sentence imposed under the Three Strike Law was cruel and unusual punishment in violation of the United States Constitution.

Cecilio Gonzalez was convicted of a violation of California Penal Code section 290, failure to register annually as a sex offender within five days of his birthday. Since Mr. Gonzalez had two prior felony convictions, the California Trial Court found that this conviction was his "third Strike" under the law and sentenced Mr. Gonzalez to 28 years in prison. Gonzalez appealed his sentence in the California Court system where the Appellate court affirmed his sentence and let it stand. Gonzalez then appealed that ruling to the Ninth Circuit Court of Appeals, where the Federal court found that the application of the Third Strike Law and the  imposition of this sentence for failure to register as a sex offender was in violation of the Eight Amendment's ban against cruel and unusual punishment and therefore unconstitutional.

The Court ruled that the punishment was "grossly disproportionate to the offense and in violation of the United States Constitution. Although the Court did not rule that the law itself is unconstitutional, this acknowledgment that the third strike law may not be arbitrarily applied to simply any third felony criminal conviction is an important beginning to restricting this severe and draconian sentencing law.