California Three Strikes Law

California's Three Strikes Law is a sentencing law that significantly increases penalties for defendants who have prior convictions for serious or violent felonies.

The law was originally enacted in 1994 to address repeat offenders and impose longer prison sentences on individuals who commit multiple serious crimes.

Under the Three Strikes Law, individuals with one or more prior serious or violent felony convictions may face enhanced prison sentences if they are convicted of a subsequent felony.

The law is codified primarily under:

These statutes establish enhanced sentencing rules based on the number of qualifying prior convictions, commonly referred to as “strikes.”

For the best chance at a positive outcome, consider reaching out to an experienced California criminal defense attorney at Eisner Gorin LLP. They're ready to help you—simply give us a call at (818) 781-1570 or contact us here to schedule your consultation.

How the California Three Strikes Law Works

The Three Strikes Law increases prison sentences depending on how many prior strike convictions a person has.

The sentencing structure generally works as follows:

one prior strike doubles the sentence for the new felony conviction
two or more prior strikes may result in a sentence of 25 years to life in prison

Strike priors typically involve convictions for serious or violent felonies as defined under California law.

What Counts as a Strike in California?

A strike is a conviction for a serious felony or violent felony listed under California law.

Serious felonies are defined in Penal Code 1192.7, while violent felonies are listed in Penal Code 667.5.

Common strike offenses include:

murder
voluntary manslaughter
rape
robbery
residential burglary
carjacking
kidnapping
assault with a firearm
certain sex offenses involving minors

Not every felony counts as a strike. Only crimes specifically listed in the statute qualify as strike offenses.

First Strike Sentencing

A defendant who commits a qualifying strike offense but has no prior strikes is sentenced under normal felony sentencing rules.

However, the conviction will count as a strike if the person commits another qualifying felony in the future.

A first strike does not automatically increase the sentence beyond the standard penalties for the offense.

Second Strike Sentencing

If a defendant has one prior strike conviction and is convicted of another felony, the Three Strikes Law requires enhanced sentencing.

Under second strike sentencing:

the prison sentence for the new felony is typically doubled
the defendant must serve a larger percentage of the sentence before becoming eligible for parole

The law applies even if the new felony is not itself classified as a serious or violent felony.

Third Strike Sentencing

If a defendant has two or more prior strike convictions and commits another qualifying felony, the person may be sentenced to 25 years to life in state prison.

However, reforms passed through Proposition 36 modified the original law.

Under the revised law, the third strike generally must be a serious or violent felony for the 25-to-life sentence to apply.

Exceptions exist for certain serious offenses, including:

certain sex crimes
crimes involving firearms
offenses involving large quantities of drugs

Proposition 36 Reform of the Three Strikes Law

In 2012, California voters passed Proposition 36, which reformed the Three Strikes Law.

Before Proposition 36, a person could receive a 25-year-to-life sentence even if the third felony was non-violent or relatively minor.

The reform changed the law so that a life sentence typically applies only when the third strike is a serious or violent felony.

Proposition 36 also created a process allowing some inmates serving life sentences under the old law to petition for resentencing.

Examples of Three Strikes Sentencing

Understanding how the law works can be easier with examples.

Example 1

A person previously convicted of robbery commits another robbery. Because robbery is a serious felony, the new sentence may be doubled as a second strike.

Example 2

A defendant with two prior strike convictions commits a serious felony, such as residential burglary. The person may face a third strike sentence of 25 years to life.

Example 3

A defendant with one prior strike commits a nonviolent felony, such as drug possession with intent to sell. The sentence for the new offense may still be doubled.

Can a Strike Be Dismissed?

In some cases, a judge has discretion to dismiss a strike in the interest of justice.

This process is commonly referred to as a Romero motion, based on a California Supreme Court case that allows judges to strike prior convictions under certain circumstances.

Factors courts may consider include:

the nature of the current offense
the defendant's criminal history
the amount of time since the prior strike
evidence of rehabilitation

If the court grants the motion, the prior strike may not be used to enhance the sentence.

Related California Crimes

Several serious felony offenses commonly trigger the Three Strikes Law.

Robbery – Penal Code 211

Robbery occurs when someone takes property from another person through force or fear. Because it is classified as a serious and violent felony, robbery counts as a strike under California law.

Residential Burglary – Penal Code 459

First-degree residential burglary involves entering an inhabited home with the intent to commit theft or another felony. This offense is classified as a serious felony and qualifies as a strike.

Assault with a Firearm – Penal Code 245(a)(2)

Assault with a firearm involves using a gun to threaten or attempt to apply force against another person. This crime is considered a serious felony and may count as a strike offense.

Carjacking – Penal Code 215

Carjacking occurs when someone takes a vehicle from another person by force or fear. This offense is classified as both a serious and violent felony and qualifies as a strike under the Three Strikes Law.

Lewd Acts with a Minor – Penal Code 288

Lewd conduct involving a minor under the age of 14 is a serious felony that counts as a strike offense and may trigger enhanced sentencing under the Three Strikes Law.

Frequently Asked Questions

What is California's Three Strikes Law?

California's Three Strikes Law is a sentencing law that increases prison penalties for individuals who have prior convictions for serious or violent felonies. If someone with prior strike convictions is later convicted of another felony, the law may require enhanced sentencing.

Generally:

one prior strike doubles the sentence for a new felony
two prior strikes may result in a sentence of 25 years to life

The law is codified under Penal Code § § 667 and 1170.12.

Does the Three Strikes Law apply to non-violent felonies?

Yes, in some situations. If someone already has one strike conviction and is later convicted of a non-violent felony, the sentence for the new offense may still be doubled.

However, under Proposition 36, a life sentence for a third strike generally requires the new felony to be a serious or violent offense.

What is a second strike sentence?

A second-strike sentence occurs when someone with a prior strike conviction is convicted of another felony.

Under second strike sentencing rules:

the prison sentence for the new felony is usually doubled
the defendant may be required to serve at least 80 percent of the sentence before parole eligibility

This enhancement applies even if the new felony is not classified as serious or violent.

What is a third strike in California?

A third strike occurs when someone who already has two prior strike convictions is convicted of another qualifying felony.

Under current law, a third strike generally results in:

a sentence of 25 years to life in state prison

However, the third felony usually must be a serious or violent felony unless certain exceptions apply.

Can a prior strike be dismissed?

Yes. A judge may dismiss a strike in the interest of justice through what is known as a Romero motion.

Courts may consider factors such as:

the nature of the current offense
the defendant's criminal history
how much time has passed since the prior strike
evidence of rehabilitation

If granted, the prior strike will not be used to enhance the sentence.

What is Proposition 36 and how did it change the Three Strikes Law?

Proposition 36 was a voter initiative passed in 2012 that significantly reformed the Three Strikes Law.

Before Proposition 36, a person could receive a life sentence even if the third felony was non-violent.

The reform changed the law so that:

the third strike generally must be a serious or violent felony to trigger a life sentence
certain inmates sentenced under the old law may petition the court for resentencing

Can someone with two strikes still avoid a life sentence?

Yes. If the new felony is not a serious or violent offense, a life sentence under the Three Strikes Law may not apply.

In addition, a defense attorney may attempt to:

challenge whether prior convictions qualify as strikes
file a Romero motion to dismiss a strike prior
negotiate a plea agreement that avoids a third strike conviction

Can prior strikes be challenged in court?

Yes. In some cases, a defense attorney may challenge whether a prior conviction legally qualifies as a strike offense.

Potential challenges may include:

the prior conviction does not meet the statutory definition of a strike
constitutional issues with the prior conviction
insufficient documentation proving the prior conviction

If the court finds that a prior offense does not qualify, the sentencing enhancement may not apply.

Why is legal representation important in Three Strikes cases?

Three Strikes cases can dramatically increase prison exposure. A defendant facing strike allegations may face decades in prison if convicted.

An experienced criminal defense attorney can:

analyze whether prior convictions qualify as strikes
file motions to dismiss strike allegations
negotiate plea agreements
develop strategies to reduce sentencing exposure

Because of the severe penalties involved, obtaining legal representation early in the case is often critical.

Legal Help for Three Strikes Cases

Facing charges that may trigger California's Three Strikes Law can significantly increase potential prison exposure. A conviction involving prior strikes can result in extremely long prison sentences.

An experienced California criminal defense attorney can analyze prior convictions, challenge strike allegations, and pursue strategies such as Romero motions to reduce sentencing exposure.

Anyone facing serious felony charges or allegations involving prior strike convictions should seek legal guidance as early as possible to understand their rights and options.

Eisner Gorin LLP is ready to assist you! Feel free to schedule your consultation by calling us at (818) 781-1570 or simply fill out our contact form. We're here to help you every step of the way!

Three Strikes Law