Some state legislatures—and the United States Congress—have enacted so-called three-strikes laws (or three strikes, you’re out laws) to help law enforcement deal with violent repeat offenders—sometimes called persistent offenders, or prior and persistent offenders. The federal three-strikes law is a statute—also known as the Violent Crime Control Act—located in the United States Code at 18 U.S.C. §3559(c).
Under the federal three-strikes law, a person who is convicted in federal court of a serious violent felony and who has previously been convicted (in state or federal court) of (1) two or more serious violent felonies, or (2) one or more serious violent felonies and one or more serious drug offenses—will receive a mandatory sentence of life imprisonment.
Under the federal three-strikes law, serious violent felonies generally include federal or state offenses of (1) murder; (2) manslaughter (other than involuntary manslaughter); (3) assault with intent to commit murder; (4) assault with intent to commit rape; (5) sexual abuse and aggravated sexual abuse; (6) abusive sexual contact; (7) kidnapping; (8) aircraft piracy; (9) robbery; (10) carjacking; (11) extortion; (12) arson; (13) illegal firearms use; (14) illegal firearms possession; (15) attempt, conspiracy, or solicitation to commit any of these criminal offenses; and (16) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against another person, or that involves a substantial risk that physical force against another person may be used in the course of committing the offense.
Three-strikes laws enacted by state legislatures vary from state to state—including what constitutes a strike offense—and are generally located in a state’s statutes—often in the penal or criminal code.
In Louisiana, the three-strikes law is designed to impose harsher sentences on repeat offenders, particularly those who commit serious violent crimes. While the federal three-strikes law, found in 18 U.S.C. §3559(c), mandates a life sentence for a person convicted in federal court of a serious violent felony if they have two or more previous convictions for serious violent felonies or serious drug offenses, Louisiana's state statutes also have provisions for repeat offenders. Louisiana's habitual offender law can be found in the Louisiana Revised Statutes, specifically under Title 15:529.1. This law allows for increased penalties for repeat offenders, which can include life imprisonment without parole for certain third-time felony offenders, depending on the severity of the crimes committed. The specific offenses that trigger the habitual offender enhancements in Louisiana include a range of felonies, not limited to violent crimes. It's important to note that the application of the three-strikes law can vary significantly based on the details of the offenses and the discretion of the courts. An attorney can provide more detailed information on how these laws might apply in a specific case.