You may have heard of California’s three strikes law before, but
you may not know that Texas also has a three strikes law.
How Three Strikes Laws Work
Three strikes laws are intended to incarcerate repeat offenders for long
periods of time. The strike system is very similar to a baseball game;
a felon is given three strikes, and on the third strike — or third
convicted felony — the prison sentence for the crime will be severely
increased. In Texas, this means 25 years to life in jail.
Issues with Three Strike Laws
Three strikes laws are intended to keep repeat offenders out of the general
population and deter others from following in their footsteps. The problem
is that this type of law does not allow for discretion and attempts to
solve an issue with a blanket solution.
For example, in California’s case, while its three strikes law did
manage to lock up repeat violent criminals, it also caught up serial shoplifters
and drug abusers who weren’t posing much of a threat to anyone and
did not commit a crime that was serious or violent in nature.
In the Supreme Court case Lockyer v. Andrade, Leandro Andrade asserted
that the law violated the Eighth Amendment’s prohibition against
cruel and unusual punishment. Andrade had been sentenced to life in prison
for stealing nine videotapes from two California K-Marts. The court rejected
this argument and others that have been brought before it. Regardless,
Californian voters amended the law to say that the three strikes rule
only applies when the third
felony crime is of a “serious or violent” nature.
Serious or violent felonies would include:
- Burglary and robbery
sexual offenses, including rape and child molestation
- Offenses involving explosives
- Offenses that result in great bodily harm
- Weapon offenses
Contact a Texas Felony Defense Lawyer Today
If you’re facing a third felony conviction, you need a
Texas criminal defense attorney you can count on.
Why Choose Kyle Law Firm?
- More than 60 years of combined legal experience
- Nationally-recognized legal counsel
- Board Certified expert in criminal law
- Aggressive, trial-tested approach to your defense
At the Kyle Law Firm we take felony cases very seriously and will fight
to defend your rights and secure your freedom.
Contact us today to
schedule a free consultation.