Understanding The Georgia Three Strikes Law And Its Impact On Repeat Offenders
As a Marietta, Georgia-based criminal defense attorney, I had the benefit of coming across an influential piece of legislation such as the Georgia Three Strikes Law, which had a great effect on individuals accused multiple times. This is one of those basic laws whereby the sentencing of a repeat offender in Georgia is determined, and of which any person brought before the courts on criminal charges should be fully acquainted.
What Is The Georgia Three Strikes Law?
Georgia’s three-strike law, part of a greater nationwide trend of preventing recidivism by imposing harsher sentences, mandates that repeat offenders serve life in prison. Under O.C.G.A. § 17-10-7, any person convicted of a third felony, having been previously convicted of at least two other serious or violent felonies, must be sentenced to life without parole.
Legal Implications Of The Three Strikes Law
The implementation of this law was a dramatic shift in sentencing, aiming to deter recidivism by eliminating discretion in sentence leniency in certain circumstances. It is important to mention that not all felonies are included under this statute—only those felonies listed within the Georgia code as “serious violent felonies,” which include murder, rape, armed robbery, and kidnapping, encompass the statutes of the Three Strikes Law.
The law is a minefield of legal subtleties. If you are facing a possible third strike, the stakes do not get much higher. A life sentence without parole certainly sounds terrifying, and skilled legal representation knowledgeable about the subtleties of Georgia’s criminal statutes and able to argue valid defenses against the application of the Three Strikes Law in your case is truly needed.
Defenses Against Georgia’s Three Strikes Law
The strongest defense approaches will either attempt to alter how past convictions have been judged or whittle down existing charges or, in some instances, bargaining during plea negotiations so as to prevent the application of the Three Strikes Law. In each case, an extensive exploration of the facts is needed, as well as a tailored approach to the particular charges and client’s previous criminal history.
In defending against such accusations, possibly invoking the Three Strikes Law, I scrutinize every aspect of the prosecution’s case, from the admissibility of evidence right through the sufficiency of prior convictions. This sometimes discloses procedural errors or more substantive defenses that have quite dramatic consequences for the determination of the case.
Frequently Asked Questions About Georgia’s Three Strikes Law
What Is Considered A ‘Strike’ Under Georgia Law?
According to Georgia law, a ‘strike’ includes conviction of a serious violent felony. These are crimes such as murder, rape, and armed robbery. It is prudent that one consults with a criminal defense attorney to understand how their past and current charges can match up with this law.
Is There Any Way To Get A Strike Taken Off Of My Record?
Generally, getting a strike removed from your record is reserved for courts of law via appeals or by filing for post-conviction relief. It is truly a technical procedure, often highly dependent upon the specifics of the case and conviction itself.
How Does The Three Strikes Law Work In Relation To Plea Bargaining?
Plea bargaining may be influenced more greatly by the existence of a Three Strikes Law. In particular, prosecutors can threaten a third strike in negotiating plea bargains for lesser charges that would not mandate a life sentence. Any defense strategy has to be very cognizant of this weighing of risks and benefits against accepting such a plea offer.
What Is Available To Me If I Am Facing A Possible Third Strike?
If you are facing a possible third strike, you will want to hire a criminal defense attorney with experience in serious felony cases. An attorney will attempt to discover and reveal any legal deficiencies in the case of the prosecution by negotiating plea bargains or setting up for a trial with the hope of not being sentenced to life imprisonment.
What If One Of My Previous Felonies Was In A Different State?
Other state felonies may be counted as strikes if they are substantially similar to serious violent felonies in Georgia. The court will look at the nature of the out-of-state conviction to see if it meets the definition established by Georgia’s statutes.
Does The Three Strikes Law Apply To Drug-Related Felonies?
Generally, the Three Strikes Law in Georgia applies to violent felonies. However, the commission of a drug-related felony may invoke similar habitual offender laws, especially when great quantities of drugs are involved or other aggravating factors. It is necessary that one consult with a lawyer to understand how these laws might apply to your case.
Are Juvenile Convictions Considered Strikes According To The Law?
Ordinarily, a juvenile conviction does not constitute a strike within the Three Strikes Law, yet there are instances wherein it may be considered, for example, when the juvenile was prosecuted as an adult for a serious violent felony. This, of course, can be tricky, and it always helps if someone obtains some sort of legal advice about that.
What Are The Possibilities Of Relief If I Am Already Sentenced Under The Three Strikes Law?
Options for relief may include a habeas corpus petition, seeking a pardon or commutation of sentence, or other forms of post-conviction relief. These avenues require a thorough legal analysis to determine the viability based on the details of your case.
How Would I Go About Proving That A Prior Conviction Is Not A Strike?
Challenging a prior conviction as a strike requires one of two showings: either that the conviction was not of a qualifying felony or that there was a legal defect in the prior proceedings. This can be complex legal arguments and revisiting the details of prior cases, many times requiring calling expert testimony and detailed legal research.
Contact Our Marietta Criminal Defense Lawyer For Your Free Consultation
In such cases, where the charges might possibly lead to the application of the Georgia Three Strikes Law against you or someone close to you, it is important to get in contact immediately with our experienced criminal defense firm. The Mazloom Law Firm, LLC Only defends individuals accused of serious felonies and has vast experience dealing with the Georgia Three Strikes Law. We are committed to aggressive and knowledgeable methods of defense in handling each client’s individual situation.
Do not let a third strike determine your future. Contact our Marietta criminal defense lawyer at The Mazloom Law Firm, LLC by calling 770-590-9837 to receive your free consultation.
