3 Strikes and the Residual Clause is OUT

3 Strikes and the Residual Clause is OUT | Saul Bienenfeld

The Armed Career Criminal Act (ACCA) is a federal law that stipulates sentencing enhancements for felons who commit crimes involving firearms if convicted of three or more violent crimes. This law, also known as the “three-strikes law,” imposes a 15-year mandatory minimum sentence on the third violent felony. The ACCA describes certain prior convictions as violent felonies if they involved:

  • the use of physical force as an element of the offense;
  • arson, burglary, extortion; or
  • the use of explosives.

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