Legal Definitions - three strikes

The term "three strikes" refers to a type of criminal sentencing law designed to impose significantly harsher punishments on individuals who are repeatedly convicted of serious crimes. Under these laws, after a person has been convicted of a certain number of qualifying serious or violent felonies (often two), a subsequent conviction for another qualifying felony (the "third strike") can trigger a mandatory, much longer prison sentence, frequently life imprisonment. This occurs even if the third offense itself might ordinarily carry a shorter sentence.

The primary goal of "three strikes" laws is to deter habitual offenders and enhance public safety by ensuring that individuals with a history of serious criminal behavior are incarcerated for extended periods. These laws can also apply across state lines, meaning a serious felony conviction in one state might count as a "strike" when a person is later prosecuted in another state.

• Example 1: Cumulative Effect of Prior Convictions

  Imagine a person named Alex who was convicted of felony assault five years ago and then felony robbery three years ago. Both of these are classified as "serious felonies" under his state's "three strikes" law. If Alex is now convicted of a third qualifying felony, such as felony residential burglary, the "three strikes" law would likely mandate a life sentence without parole, even though felony residential burglary on its own might typically carry a much shorter prison term.

  This example illustrates how Alex's prior serious convictions accumulate, and his third qualifying felony triggers the severe, mandatory sentencing provision of the "three strikes" law, demonstrating its cumulative impact.

• Example 2: Cross-Jurisdictional Application

  Sarah was convicted of felony drug trafficking in Florida seven years ago and then felony aggravated battery in Georgia four years ago. She then moves to Texas and is convicted of felony car theft, which is a qualifying "strike" offense in Texas.

  Even though Sarah's first two convictions occurred in different states, Texas's "three strikes" law could count those out-of-state felonies as "strikes," leading to a significantly enhanced sentence for her third felony conviction in Texas. This demonstrates how "three strikes" laws can apply across different state jurisdictions.

• Example 3: The "Third Strike" Trigger

  Consider Michael, who has two prior convictions for serious violent offenses, each counting as a "strike" under his state's law. He has served his time for those offenses and is now arrested for a third serious felony, such as felony possession of a prohibited weapon by a convicted felon.

  If Michael is convicted of this third felony, the "three strikes" law would come into play, potentially imposing a mandatory life sentence or an extremely long prison term. This reflects the law's intent to severely punish individuals with a documented history of serious criminal behavior, where the third qualifying offense acts as the final trigger for the most severe penalties.