Our Orange County vandalism criminal defense attorneys try to explain the importance of the three-strikes law to every client who is facing a charge for a "strike" crime. The three-strikes law substantially increases penalties for felonies after a previous conviction for certain felonies considered serious or violent. But it's very rare that we see this law invoked in the context of vandalism, as it was in a May 27 Huntington Beach Independent article. According to the article, John Patrick Rogers, 45, is accused of felony vandalism for "keying" and denting his neighbor's car. If he is convicted, and the judge does not disregard his previous convictions, Rogers could get 25 years to life in prison. The sentence for felony vandalism is ordinarily two to three years.
Rogers has two previous strikes, both for assault with a deadly weapon. The age and circumstances of those crimes was not reported. However, he's also known to the Huntington Beach Police Department as someone who has been arrested multiple times, often for less serious crimes. His record includes prior convictions for misdemeanor reckless driving, misdemeanor lewd conduct in public and disobeying a court order. He also has unspecified restraining orders against him. The article didn't describe the circumstances of the vandalism, but a Huntington Beach officer said Rogers was taken back into custody after initially being released on his own recognizance. The officer said the public was safer without Rogers in custody.
As Long Beach vandalism criminal defense lawyers, we suspect the real reason has to do with the time in prison Rogers is facing. Vandalism is not normally a serious enough crime to inspire defendants to flee. But thanks to the three strikes law, Rogers faces a minimum of 12.5 times the usual sentence, and a maximum of the rest of his life in prison. Under those circumstances, it's easy to see why law enforcement might think Rogers would flee. In fact, we believe this reflects the fundamental problem with the three-strikes law: it sometimes creates absurdly large sentences for relatively minor crimes. In cases like this one, whether the defendant is sentenced for a third "strike" is up to the judge's discretion -- which means a lot depends on what kind of judge the defendant gets. The help of an experienced attorney can also make a major difference in this kind of case.
This is not the first case in California in which the three-strikes law has created a grossly disproportionate sentence that does not serve justice. For this reason, HOWARD | NASSIRI PC works hard to avoid allowing our clients to get strike convictions in the first place. Vandalism is not considered a strike crime, but other strike crimes include anything considered serious or violent, including home-invasion burglary, assault and battery, many sex crimes and providing drugs to a minor. When a client is charged with one of these crimes, we defend it aggressively, so that the penalty for any future felony is not doubled and our clients won't face a high mandatory minimum prison sentence. Whenever possible, our Chino Hills vandalism criminal defense attorneys fight strike charges on the evidence, defending clients in court or negotiating for dropped charges. We can also negotiate to drop a charge to a non-strike, which can reduce the penalties as well as taking away the possibility of a future unfair sentence.
HOWARD | NASSIRI offers free, confidential consultations, so you risk nothing by speaking to us about your legal rights. To learn more, send us a message through our website or call 1-800-872-5925 today.
