Three Strike Cases, Arizona - Palmisano Law

There is a saying in baseball that is also true in Arizona criminal law: three strikes and you are out!
In 2006, Arizona enacted a three strikes law following the lead of its neighbors, New Mexico, Nevada and California. It became the 25th state to have this type of law, and currently the most recent to add it.

Three strikes laws are state managed statutes that have been enacted to prevent the presence of repeat offenders in society. The basic concept is simple: if someone is convicted of two separate serious offenses, on their third conviction, they will be required to serve a mandatory sentence. Many times, the mandatory sentence will be grossly larger than the originals. This is done to deter repeat offenses.

The concept of severely punishing repeat offenders is not new. Many Arizona laws increase the penalty for repeat offenders. The difference with a three strikes law is the fact that sentencing for the third offense is mandatory. There are no exceptions if it can be proven that a third offense has occurred. Because of this, excellent defense is necessary to prove innocence, rather then trying to mitigate the sentencing.

Three strikes laws have been the subject of a lot of criticism for two reasons: the punishment does not always fit the crime, and the cost of the additional incarceration. As less than twenty years have passed since states have begun using these laws, the question still remains whether or not it is helping.

Those against three strikes laws will quickly say that in many cases, the mandatory sentencing often does not fit the crime. In some states, offenders who would otherwise receive 10 or 15 years total in prison for three separate offenses now face penalties of life in prison for their third offense. The punishment seems to be more for being a repeat offender than for the crime itself.

Tax payers also question who will be paying for the additional time these offenders are spending incarcerated. While everyone wants to keep crime off of the streets, not many people realize the amount of drain on an economy incarcerating large amounts of people can be. Also some reports claim that the amount of incarceration in the United States has skyrocketed since these laws have been enacted. It is easy to see why some states have not quickly adopted the law.

In addition to the state three strikes laws, there is also a federal one. Federal code 18 U.S.C. § 3559(c) awards mandatory life imprisonment for third time federal level violent felonies. The peculiar part about this code is the fact that the original two offenses do not have to be federal level. Furthermore, only one of the previous convictions have to be a serious violent felony.

Here is an example of how this could realistically affect someone. A 19 year old Tempe college student could be convicted of a sex crime with a high school student and serve time in prison. Years later, after completing his or her education and maintaining a relatively normal life in Gilbert, he or she is convicted of serious drug offense. Both of these offenses are considered in federal three strike cases. When the Gilbert resident is convicted of robbing a Post Office in Chandler, he automatically gets life in Federal prison.

Arizona's three strike law is similar to the federal equivalent. It also has a mandatory life imprisonment for third time offenders, and it will consider offenses committed elsewhere, including those from different states. It differs, however, because it requires that all of the offenses be violent or aggravated felonies.

The Arizona three strikes law is applicable to felony charges. These types of charges are heard in Maricopa County Superior Courts located in Mesa, Phoenix, and Surprise. If you have been found guilty of two previous felonies and are facing a third felony charge in the Phoenix or Greater Maricopa County area, it is important to get the best defense possible. Contact us today and let us help you fight it.