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 Virginia, there is no specific 'three-strikes' law that mirrors the federal statute. However, Virginia does have habitual offender laws that enhance penalties for repeat offenders, particularly for serious crimes. The federal three-strikes law, codified at 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 prior convictions for serious violent felonies or one or more serious violent felonies and one or more serious drug offenses. The list of serious violent felonies includes crimes such as murder, sexual abuse, kidnapping, and robbery, among others. It's important to note that while Virginia may not have a 'three-strikes' law per se, repeat offenders can still face severe penalties under state law, and the federal three-strikes law can apply to cases prosecuted in federal court. Individuals in Virginia who are facing charges that could lead to enhanced sentencing due to prior convictions should consult with an attorney to understand the specific implications for their case.