If you or a loved one is facing criminal charges and has prior felony convictions, you may have heard about California’s “Three Strikes Law.” This law can significantly increase the penalties imposed after a criminal conviction and may dramatically affect plea negotiations, sentencing, and the overall outcome of a criminal case.
In this guide, we explain how the California Three Strikes Law works, what crimes qualify as strikes, and what options may be available if you are facing enhanced sentencing.
What Is the California Three Strikes Law?
California’s Three Strikes Law was enacted in 1994 to impose harsher penalties on repeat offenders convicted of serious or violent felony offenses. The law was designed to deter repeat criminal conduct by substantially increasing prison sentences for individuals with qualifying prior convictions, known as “strikes.”
Although the law has been modified over the years, it remains one of the most significant sentencing enhancement laws in California.
What Crimes Count as a Strike in California?
Not every felony conviction qualifies as a strike. Generally, only offenses classified as “serious felonies” or “violent felonies” under California law count as strike offenses.
Examples of crimes that may qualify as strikes include:
- Robbery
- Residential burglary
- Murder
- Attempted murder
- Rape
- Certain sexual offenses
- Kidnapping
- Certain assault offenses
- Some firearm-related offenses
- Carjacking
A strike conviction can remain on a person’s criminal record indefinitely and may affect sentencing in future criminal cases.
How Does California’s Three Strikes Law Work?
First Strike
A first strike occurs when a person is convicted of a qualifying serious or violent felony. While the sentence imposed depends on the specific offense, the conviction itself becomes a strike that can be used to enhance future sentences.
Second Strike
If a person with one prior strike conviction is later convicted of another felony offense, they may be sentenced as a “second striker.” In many cases, the sentence for the new felony conviction can be doubled.
For example, if the standard prison sentence for an offense is three years, a defendant sentenced under the second strike provisions could face six years in prison.
Third Strike
A person with two prior strike convictions who is later convicted of another qualifying offense may face substantially enhanced penalties.
Under current California law, a third strike sentence generally applies when the new offense is also a serious or violent felony. In many cases, a third strike conviction can result in a sentence of 25 years to life in state prison.
Changes to California’s Three Strikes Law: Proposition 36
In 2012, California voters approved Proposition 36, which significantly changed the Three Strikes Law.
Prior to Proposition 36, individuals with two prior strike convictions could receive a sentence of 25 years to life for virtually any new felony conviction. Today, in most cases, the third offense must also be a serious or violent felony before a defendant can receive a sentence of 25 years to life.
These reforms also created opportunities for certain individuals sentenced under the previous law to seek resentencing.
Can a Strike Conviction Be Dismissed?
Yes. In some cases, a judge has the authority to dismiss a prior strike conviction in the interest of justice through what is commonly referred to as a “Romero motion.”
When determining whether to dismiss a strike prior, courts may consider factors such as:
- The nature of the current offense
- The defendant’s criminal history
- The age of prior convictions
- The defendant’s background and personal circumstances
- Whether the defendant falls outside the intended purpose of the Three Strikes Law
If granted, a Romero motion can significantly reduce a defendant’s sentencing exposure.
Do Out-of-State Convictions Count as Strikes?
Potentially. Certain convictions from other states may qualify as strike priors if the offense is substantially similar to a qualifying serious or violent felony under California law.
Because determining whether an out-of-state conviction qualifies as a strike can be complex, it is important to have an attorney carefully review your criminal history.
Frequently Asked Questions About California’s Three Strikes Law
Does every felony count as a strike?
No. Only specific serious and violent felonies designated by California law qualify as strike offenses.
Can a misdemeanor count as a third strike?
Generally, no. Following the passage of Proposition 36, the third offense typically must be a serious or violent felony.
Can a strike conviction be removed?
In some circumstances, a court may dismiss a strike allegation through a Romero motion, depending on the facts of the case.
Can prior juvenile convictions count as strikes?
Certain juvenile adjudications may qualify as strikes if specific legal requirements are met.
Why Choose The Logrue Law Firm for a California Three Strikes Case?
At The Logrue Law Firm, we understand that facing criminal charges with prior strike convictions can be overwhelming. As an Orange County criminal defense law firm, we provide strategic and aggressive representation to individuals charged with misdemeanors and felonies throughout California.
Attorney Polina Logrue is a former prosecutor who understands how prosecutors evaluate criminal cases and sentencing enhancements, including allegations involving California’s Three Strikes Law. This experience allows The Logrue Law Firm to identify potential defenses, challenge sentencing enhancements, and pursue every available avenue to minimize a client’s exposure.
Whether you are facing a first strike, second strike, or potential third strike allegation, obtaining experienced legal representation as early as possible can make a significant difference in the outcome of your case.
Criminal Defense Representation Throughout Orange County and California
The Logrue Law Firm represents clients throughout Orange County, including Newport Beach, Irvine, Santa Ana, Costa Mesa, Huntington Beach, Anaheim, and surrounding communities. Our firm handles a wide range of criminal matters, including felony defense, sentencing enhancements, domestic violence allegations, DUI cases, theft offenses, drug crimes, and post-conviction relief.
If you have been arrested or charged with a crime and have prior convictions that may qualify as strikes, it is important to understand your rights and potential defenses before making any decisions regarding your case.
Contact The Logrue Law Firm
If you or a loved one is facing criminal charges involving California’s Three Strikes Law, The Logrue Law Firm can evaluate your criminal history, explain how prior strike convictions may affect your case, and develop a strategy tailored to your specific circumstances.
Disclaimer
This article is provided by The Logrue Law Firm for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with The Logrue Law Firm or its attorneys. Every criminal case is unique, and the application of California’s Three Strikes Law depends on the specific facts and circumstances involved. Past results do not guarantee future outcomes. You should consult with a qualified California criminal defense attorney regarding your specific legal matter.