California’s Three Strikes law is a harsh legal sentencing strategy implemented in the mid-90s to address repeat offenders with increased punishments. Under the law, every serious felony or violent crime is considered a strike, with the understanding that “three strikes, and you’re out.”

Approximately half the nation’s states used some version of the Three Strikes law. In California, a first-strike offense results in a criminal conviction for a serious crime or violent felony. A subsequent conviction for another violent crime or serious felony will be considered a second strike and come with double the standard sentencing. A third-strike conviction for a violent criminal offense or serious felony could result in prison sentences of 25 years to life, regardless of the severity of the third offense.

The Three Strikes law originally applied to any felony conviction after two violent or serious felony convictions. As a result, criminal defendants were receiving 25 years to life sentences for nonviolent crimes, such as nonviolent drug offenses and nonviolent thefts. One famous case in the past involved a man named John Dewayne Williams, who received a life sentence on his third strike for stealing a slice of pizza.

In 2012, Proposition 36 passed, reforming the Three Strikes law . The reforms included the fact that the third strike could only be for an especially serious felony, such as sexual assault or assault with a deadly weapon. Prior to Proposition 36, California defendants were sentenced to life in prison for smaller felony charges, such as nonviolent theft or drug possession. While the law is less severe than it once was, there are still harsh criticisms of its usefulness and basic human decency.

Though the law was passed with good intentions to keep violent repeat offenders off the streets, many critics suggest the law has done little to reduce the occurrence or reoccurrence of violent crimes in the state. The Three Strikes law has several flaws, not least because it has led to overcrowding in our prison system. The law also operates so unsympathetically that some critics believe it could violate the Eighth Amendment constitutional right, as life imprisonment for a nonviolent crime could be considered cruel and unusual punishment.

Additionally, many third-strike cases disproportionately apply to minority defendants. Critics also point to the argument that defendants who receive 25 years to life are given very little opportunity to rehabilitate themselves or redeem themselves for their past acts.

Under California’s Three Strikes Law , a “strike” refers to any prior conviction for a serious felony or violent felony under California Penal Code §§ 667.5(c) and 1192.7(c). These offenses typically involve force, weapons, great bodily harm, or a high risk to human life. The more strikes on a person’s record, the more severe the penalties become—culminating in a possible 25-to-life prison sentence on a third strike.

Below are some of the most common crimes that qualify as strikes under California law , along with a brief explanation of each:

• Armed Robbery: Using or displaying a firearm or deadly weapon during a theft automatically makes robbery a strike offense. Even if no one is injured, the act of using a weapon elevates the crime to a violent felony.
• Arson: Intentionally setting fire to property, especially if it endangers human life or results in injury, is considered a serious felony and will be treated as a strike under the Three Strikes law.
• Assault with a Deadly Weapon: Any assault involving a firearm, knife, or other dangerous object is classified as a violent felony due to the risk of great bodily harm to another person.
• Attempted Murder: Even if the victim survives, intent to kill and taking a direct step toward that act is enough for prosecutors to seek strike classification and enhanced sentencing.
• Burglary of an Inhabited Dwelling: Breaking into an occupied residence—often referred to as home invasion burglary —is a strike offense because it threatens the safety and security of those inside.
• Carjacking: Taking a vehicle from another person by force or fear, whether or not a weapon is involved, is considered a violent felony strike in Los Angeles and throughout California.
• Child Sex Trafficking: Exploiting, coercing, or transporting minors for sexual purposes constitutes a serious felony and carries severe penalties under both state and federal law.
• Crimes Causing Great Bodily Injury: Any felony that results in significant physical harm to another person, such as battery causing serious injury, can count as a strike offense.
• Drug Trafficking: Large-scale or organized drug distribution involving controlled substances can qualify as a strike, particularly when weapons, minors, or gang activity are involved.
• Forced Sodomy or Oral Copulation: Sexual acts committed through force, violence, or threat are classified as violent felonies and treated as strike offenses under California Penal Code.
• Grand Theft: While ordinary theft may not qualify, grand theft involving the use of a weapon, large sums of money, or great bodily harm can be enhanced to a strike-level felony.
• Kidnapping: Unlawfully seizing and moving another person against their will is among the most serious violent felonies, carrying decades of potential prison time.
• Murder: The most severe of strike offenses, a murder conviction automatically triggers life imprisonment and remains permanently on the defendant’s criminal record.
• Possession or Use of a Weapon of Mass Destruction: Involving or manufacturing such weapons represents an extreme danger to public safety and is therefore a strike-eligible offense.
• Rape and Other Violent Sexual Crimes: Any sexual act involving force, coercion, or threat of harm qualifies as a violent felony under California law and carries lifelong consequences.
• Solicitation to Commit Murder: Even the attempt to hire or persuade another person to kill is treated with the same seriousness as attempted murder itself and counts as a strike.
• Violent Extortion: Using threats, intimidation, or physical harm to obtain money or property falls under serious felony classification.
• Voluntary Manslaughter: Intentionally killing someone in the heat of passion or during an argument—though not premeditated—is still a strike-eligible offense.

Additionally, any felony punishable by life imprisonment or crimes involving the use of a firearm are typically counted as strikes. In some cases, even attempted crimes or conspiracies connected to violent felonies can qualify as strike offenses.

Because prosecutors often interpret these laws broadly, it’s crucial to have an experienced Los Angeles criminal defense lawyer on your side. Your attorney can challenge whether your charges meet the legal definition of a strike , negotiate with prosecutors, or seek to have prior strikes dismissed through a Romero Motion.

If you or a loved one are facing charges that could result in a second or third strike, contact a California criminal defense attorney immediately. Understanding what qualifies as a strike under the law can make all the difference in protecting your freedom, rights, and future .

Under the California Three Strikes law, those convicted of a second-strike offense will see their criminal conviction sentencing doubled. For example, if an individual was convicted of a crime that would result in three to nine years in prison, a second strike for a subsequent felony offense of the same magnitude would result in sentencing between six and 18 years in prison.

In third-strike cases, where the defendants have two prior strikes on their criminal record, the defendant will face 25 years to life in prison if convicted of a third offense classified as a serious or violent strike offense. Even in cases where the third strike is not necessarily considered a strike offense, the defendant with two prior strikes will likely face enhanced sentencing, essentially rendering their conviction like that of a second-strike offense.

The sentencing for a third-strike conviction will be the greatest of the following:

·         Three times the prison sentence provided as punishment for the current felony

·         Imprisonment for at least 25 years

·         Life in prison is provided that the California Penal Code deems this applicable

·         The prison sentence will run consecutively to any other length of imprisonment for which a consecutive term can be imposed

There are several legal and social consequences of third-strike convictions, including long-term incarceration, impacts on your family members, and long-lasting criminal records. Just because you have been charged with a third strike does not mean all hope is lost. Criminal defense attorneys are available in Los Angeles to defend your rights and potentially reduce or dismiss the charges against you.

Potential legal defense strategies that your criminal attorney may consider for your case could include the following:

·         Filing a motion to dismiss a prior strike in the interest of justice

·         Challenging the classification of a strike crime, either in the current criminal case or in prior convictions

·         Filing an appeal or a writ of habeas corpus to uncover errors and reduce sentencing after conviction

·         Negotiating with the prosecution to advocate for either reduced charges or alternative sentencing

·         Filing a Romero Motion, which empowers individuals to petition the courts to remove a strike offense from their criminal record

·         Reduction of the third-strike offense, which can be permitted under the law after recent reforms

If you are facing criminal charges that could result in a strike, you must take these legal matters very seriously. First, review your criminal history for any prior convictions that could impact your current case, then contact an experienced attorney right away. The sooner you hire legal representation, the better your chances of achieving a satisfactory outcome to your criminal case proceedings.

California’s Three Strikes law doesn’t just determine sentencing after a conviction — it also heavily influences how plea bargains are handled in Los Angeles criminal courts. When prosecutors see that a defendant already has one or two prior strike offenses, they often use the threat of a longer sentence as leverage in plea negotiations. This can create intense pressure to plead guilty, even when the current charges might be defensible in court.

In practice, prosecutors may offer to dismiss or reduce one of the prior strikes in exchange for a guilty plea to a lesser felony or misdemeanor offense. While this may seem like a relief in the short term, the long-term implications can be significant. A plea deal still results in a criminal conviction, and for defendants with multiple strikes, even a single additional conviction can increase penalties for any future offenses.

A Los Angeles criminal defense lawyer who understands the nuances of California’s Three Strikes sentencing enhancements can make all the difference during negotiations. Skilled attorneys evaluate the strength of the prosecution’s case, look for weaknesses in how prior convictions are classified, and use mitigating evidence to argue for reduced charges or alternative sentencing. In some cases, your attorney may file a Romero Motion asking the judge to dismiss a prior strike in the interest of justice.

Because plea deals under the Three Strikes law can determine whether you face a few years in prison or a potential life sentence, it’s critical to have an experienced defense lawyer on your side. A knowledgeable attorney can help you make informed decisions, protect your legal rights, and pursue the best possible outcome under California Penal Code §667 .

If you are facing criminal charges in Los Angeles, it is essential that you seek professional legal counsel to help defend your case. Our California law firm has extensive experience in representing clients in complex criminal legal matters, including three-strike law cases. As your legal representative, the attorney and her legal team will explore all potential options and defense strategies to combat the charges against you.

To learn more about the benefits of retaining our legal services, contact our law office to request a free case review with the attorney and her legal staff today.

Give us a call at 855-503-5303.

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