California’s three strikes laws have been extremely controversial, often punishing people harshly and out of proportion for an offense or mistake that seems relatively minor. But some cases, like a recent conviction for a DUI murder, by a career criminal is not likely to be one of those controversial cases.
One man, who is said to have had a long criminal history, won’t be able to rack up any more charges for quite sometime, according to the Sacramento Bee. The Bee reports that this man, convicted of second degree murder, will be sentenced next month. The sentence for this charge is typically 15 years to life, but this defendant’s criminal history serves to dramatically change that.
The defendant will be sentenced under California’s notorious Three Strikes law. The Bee reports his sentence, therefore is more likely to be somewhere between 30 years and a life sentence. His prior convictions of felony burglary, drug possession, and possession of a firearm will bolster his punishment.
The Three Strikes law has gotten negative publicity over the years for incarcerating nonviolent criminals to lengthy and potentially ill fitting sentences. This one, however, is likely to pass society’s litmus test as a young woman’s life was cut short in this tragic accident.
The victim was a 30 year old woman who had aspirations of teaching college English. Her family, and so many others like them, hoped to watch her grow old and blossom. But like her brother said: “She was a flower who was picked before her time.”
The results of this case may have been drastically different if the defendant had no criminal history. If this was his first offense and he had no prior run ins with the law, no addiction or alcoholic history, he may have faced a far less serious charge and a far more lenient sentence.
Your criminal history plays a big role at sentencing, even when the Three Strikes Laws don’t apply.
Typically, a judge used a presentence investigation to determine your sentence. The report from this investigation tells the judge all about your history, your ties to the community, and your potential success or failure on probation.
Having an aggressive defense attorney on your side from your arraignment to your sentencing date can ensure the judge is being made aware of the positive aspects of your life. I won’t let them trash your name in court.
Whether you are facing charges as serious as a DUI influenced accident or as simple as drug possession, I can help. Contact me today to discuss the details of your case.