California Three Strikes Law Explained

What Is the Three Strikes Law?

California's three strikes law (Penal Code sections 667 and 1170.12) was enacted in 1994 to impose harsher sentences on repeat offenders. It was modified by Proposition 36 in 2012 and Proposition 57 in 2016.

What Counts as a Strike?

A "strike" is a conviction for a serious or violent felony as defined in Penal Code sections 667.5(c) and 1192.7(c). Examples include: murder, rape, robbery, kidnapping, assault with a deadly weapon, and certain drug offenses involving minors.

How It Works

• Second strike: If you have one prior strike and are convicted of any new felony, your sentence is doubled.
• Third strike: If you have two prior strikes and are convicted of a new serious or violent felony, you face 25 years to life in prison.

Proposition 36 (2012)

Prop 36 reformed the three strikes law so that a life sentence is only triggered if the third strike is a serious or violent felony. It also allowed some inmates serving life sentences for non-violent third strikes to petition for reduced sentences.

Defenses and Strategies

An experienced attorney may be able to: challenge prior strikes (were they properly proven?), negotiate to avoid a strike conviction, or seek a "Romero motion" asking the court to dismiss a prior strike in the interest of justice.