Three Strikes Law in California – Penal Code 667 PC

What Is California's Three Strikes Law?

California's Three Strikes Law, codified under Penal Code 667 PC, is a sentencing scheme that significantly increases prison sentences for defendants with prior serious or violent felony convictions.

Three Strikes Law in California – Penal Code 667 PC

Under this law:

A second strike doubles the sentence for a current felony.
A third strike can result in 25 years to life in state prison.

The law was enacted in 1994 and substantially amended by Proposition 36 in 2012, which narrowed when a defendant may receive a life sentence.

Three Strikes remains one of the most severe sentencing laws in California.

Your best hope for a favorable outcome is with an experienced criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

How Does the Three Strikes Law Work?

Second Strike (One Prior Serious or Violent Felony)

If a defendant has one prior serious or violent felony conviction and is convicted of any new felony, the sentence for the new felony is generally doubled.

For example:

A felony normally carrying a 4-year sentence could become an 8-year sentence.
Sentencing enhancements still apply.

Third Strike (Two Prior Serious or Violent Felonies)

If a defendant has two prior serious or violent felony convictions and is convicted of a new serious or violent felony, the sentence is typically:

25 years to life in prison.

After Proposition 36, a third strike life sentence generally applies only when the new felony is also serious or violent, with limited exceptions.

When Can a Non-Serious Felony Trigger a Life Sentence?

Even if the new felony is not serious or violent, a defendant may still face 25 years to life if:

The new felony involves certain sex offenses requiring registration.
The defendant used a firearm.
The defendant intended to cause great bodily injury.
The defendant has prior convictions for particularly severe crimes.

These exceptions are fact-specific and heavily litigated.

What Crimes Count as “Strikes”?

A strike is a prior conviction for:

A serious felony under Penal Code 1192.7 PC; or
A violent felony under Penal Code 667.5 PC.

Examples of strike offenses include:

Murder
Attempted murder
Voluntary manslaughter
Mayhem
Torture
Rape
Lewd acts with a child
Kidnapping
Carjacking
Arson
Robbery
First-degree burglary
Assault with a deadly weapon on a peace officer
Felonies involving great bodily injury
Felonies involving firearm use

Out-of-state convictions can also count as strikes if they are substantially similar to California strike offenses.

Custody Credits Under Three Strikes

Ordinarily, inmates can earn custody credits for good behavior.

However:

Second- and third-strikers must typically serve at least 80 percent of their sentences.
Violent felony offenders must serve at least 85 percent.

Strike sentences are often served consecutively, increasing total incarceration time.

Proposition 36 and Sentence Reduction

Proposition 36, passed in 2012, reformed the Three Strikes Law by:

Limiting automatic life sentences to cases where the new felony is serious or violent.
Allowing certain inmates serving third-strike life sentences to petition for resentencing.

Some individuals previously sentenced under the old law may qualify for reduced sentences or early release.

Eligibility depends on criminal history and the nature of the offenses.

Removing a Strike – Romero Motion

Under the California Supreme Court case People v. Superior Court (Romero), judges have discretion to dismiss prior strike convictions in the interest of justice.

A Romero motion asks the court to strike a prior serious or violent felony allegation.

Judges consider factors such as:

The defendant's criminal history
The age of prior convictions
The nature of the current offense
The defendant's background and prospects

If granted, the defendant avoids the harsh doubling or life sentence enhancement.

Romero motions require detailed legal briefing and persuasive advocacy.

Can a Three Strikes Sentence Be Appealed?

Yes.

Appeals may challenge:

Whether a prior conviction qualifies as a strike
Whether the court abused its discretion in denying a Romero motion
Whether the sentence violates constitutional protections against cruel and unusual punishment

Post-conviction relief options may also include resentencing petitions under statutory reforms.

Frequently Asked Questions

Does every third felony result in life in prison?

No. After Proposition 36, the third felony must generally be serious or violent to trigger a life sentence, with exceptions.

Can an old conviction still count as a strike?

Yes. There is no time limit on prior strike convictions.

Can out-of-state convictions count?

Yes, if they are substantially similar to California serious or violent felonies.

Can a strike be reduced?

In some cases, a felony may be reduced to a misdemeanor, preventing it from counting as a strike.

What if I am already serving a third strike sentence?

You may be eligible for resentencing depending on the facts and changes in the law.

Why Three Strikes Cases Require Immediate Legal Strategy

Three Strikes cases dramatically increase the exposure to sentencing.

A single prior conviction can double your sentence. Two prior convictions can expose you to life in prison.

Defense strategy may include:

Challenging whether a prior qualifies as a strike
Filing a Romero motion
Negotiating charge reductions
Seeking pretrial dismissal
Arguing for alternative sentencing
Litigating enhancements

Early intervention can make the difference between years and decades of incarceration.

Facing a Strike Allegation in California?

If you are charged with a serious or violent felony and have prior convictions, your sentencing exposure may increase dramatically.

An experienced California criminal defense attorney can:

Analyze whether prior convictions qualify
File a Romero motion
Seek reduction of the current charge
Explore sentencing alternatives
Evaluate resentencing eligibility

The stakes under California's Three Strikes Law are extremely high. Immediate legal representation is critical.

Contact an experienced criminal defense lawyer to review your case and protect your future.

Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here. Our law firm is based in Los Angeles.

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