Unfortunately the California 3 strikes law is very sustainable and is practiced in every court, everyday in California.
The catch to this law is infact that a "3rd strike" does NOT have to be a violent one.
Here's an example.......Bitchslap your friend( you cant break anything) = Missdameanor
...............................Bitchslap your friend a second time = felony and strikeable
...............................If you break their nose is always a felony!!!!!
...............................If you let them hit you first and then you break their nose = its self defense!!!!! (LOL)
For more information on how to help with the amending of the California 3 strikes law see Families against Californias Three strike or
http://facts1.live.radicaldesigns.org/In 1994, voters approved what is now a controversial law knowon as the 3 Strikes Law. This law was designed to control the recidivisim rates in California. Basically the law states that after the third felony, an offender is eligible for 25 years to life in prison.
Basically what it means is that people who are convicted of three felonies may end up facing life in prison. The actual "law" has five major moving parts. First there is the ballot initiative (i.e. Proposition 184), then there is there the actual statute that was passed (California Penal Code Section 667 (b) through (i)), and then there are three other code sections that identify the types of violations that count as "strikes" against you.
Incase anyone is interested, the following are all strikeable offenses
1.Murder or voluntary manslaughter;
2.mayhem;
3.rape;
4.sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or anotherperson;
5.oral copulation by force, violence, duress, menace, threat of greatbodily injury, or fear of immediate and unlawful bodily injury on the victimor another person;
6.lewd or lascivious act on a child under the age of 14 years;
7.any felony punishable by death or imprisonment in the state prison forlife;
8.any other felony in w hich the defendant personally inflicts great bodilyinjury on any person, other than an accomplice; or any felony which thedefendant personally uses a firearm;
9.attempted murder;
10.assault with intent to commit rape or robbery;
11.assault with a deadly weapon or instrument on a peace officer;
12.assault by a life prisoner on a noninmate;
13.assault with a deadly weapon by an inmate;
14.arson;
15.exploding a destructive device or any explosive with the intent toinjure;
16.exploding a destructive device o r any explosive causing great bodilyinjury or mayhem;
17.exploding a destructive device or any explosive with intent to murder;
18.burglary of an inhabited dwelling house, or trailer coach as defined bythe Vehicle Code, or inhabited portion of any other b uilding;
19.robbery or bank robbery;
20.kidnapping;
21.holding of a hostage by a person confined in a state prison;
22.attempt to commit a felony punishable by death or imprisonment in thestate prison for life;
23.any felony in which the defendant persona lly used a dangerous or deadlyweapon;
24.selling, furnishing, administering, giving, or offering to sell,furnish, administer, or give to a minor any heroin, cocaine, phencyclidine(PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of theprecursors of methamphetamines, as described in subparagraph (A) of paragraph(1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100of the Health and Safety Code;
25.any violation of subdivision (a) of Section 289 where the act isaccomplished against the victim's will by force, violence, duress, menace, orfear of immediate and unlawful bodily injury on the victim or another person;
26.grand theft involving a firearm;
27.carjacking; any attempt to commit a crime listed in this subdivisionother than an assault; and
28.any conspiracy to commit an offense described in paragraph (24) as itapplies to Section 11370 .4 of the Health and Safety Code where the defendantconspirator was substantially involved in the planning, direction, orfinancing of the underlying offense.
29.Murder or voluntary manslaughter.
30.Any robbery perpetuated in an inhabited dwelling house, vessel, as defined in Section 21 of the Harbors and Navigation Code, which is inhabitedand designated for habitation, an inhabited floating home as defined insubdivision (d) of Section 18075.55 of the Health and Safety Code, aninhabited trailer coach, as defined in the Vehicle Code, or in the inhabitedportion of any other building, wherein it is charged and proved that thedefendant personally used a deadly or dangerous weapon, as provided insubdivision (b) of Section 12022, in the commission of that robbery.
31.The offense defined in subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, orfear of immediate and unlawful bodily injury on the victim or another person.
32.Attempted murder.
33.A violation of Section 12308.
34.Kidnapping in violation of subdivision (b) of Section 207.
35.Kidnapping in violation of subdivision (b) of Section 208.
36.Continuous sexual abuse of a child *** in violation of Section 288.5.
37.Carjacking, as defined in subdivision (a) of Section 215, if it ischarged and proved that the defendant personally used a dangerous or deadlyweapon as provided in subdivision (b) of Section 12022 in the commission ofthe carjacking.
38.Any robbery of the first degree punishable pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 213.
A violation of Section 264.1.
