California's Three Strikes law is one of the most consequential sentencing statutes in the state. It applies in San Bernardino County the same way it does across California, and its effects can be severe. If you or someone you know is facing a felony charge and has prior convictions on record, the Three Strikes law may be directly relevant to what sentence is at stake. Having a highly-rated criminal defense law firm and a qualified criminal defense team on your side can make a real difference in understanding your options and preparing for what lies ahead.
What Is California's Three Strikes Law
California's Three Strikes law, codified primarily at Penal Code 667 and Penal Code 1170.12, significantly increases prison sentences for repeat offenders with prior serious or violent felony convictions. The law was originally enacted in 1994 and was substantially modified by Proposition 36 in 2012.
The law creates a tiered system. A second conviction after a prior strike doubles the base sentence. A third conviction, where the current offense is also a serious or violent felony, carries a mandatory sentence of 25 years to life in state prison. Prior to the 2012 reform, any felony conviction could trigger the 25-to-life sentence on the third strike. That is no longer the case under Proposition 36.
What Counts as a "Strike" in California
Not every felony conviction qualifies as a strike. California law defines strikes as serious felonies under Penal Code 1192.7(c) or violent felonies under Penal Code 667.5(c). The list includes crimes such as murder, robbery, rape, assault with a deadly weapon resulting in great bodily injury, residential burglary, arson, certain sex offenses, and certain drug offenses when involving minors.
The serious and violent felony lists are specific. Whether a past conviction qualifies as a prior strike requires a careful review of the conviction record, the charge as it was written, and in some cases the underlying facts of the prior case. This is an area where the precise language of the prior conviction matters greatly.
What Happens With a Second Strike
When someone with one prior strike conviction is convicted of any new felony, the court must impose double the base term for the new offense. For example, if the standard sentence for a felony is four years, someone with one prior strike must receive eight years. This mandatory doubling applies regardless of whether the new offense is itself a serious or violent felony.
A second strike also affects parole eligibility. Under California law, a person serving a second-strike sentence must serve at least 80 percent of their sentence before becoming eligible for release, compared to 50 percent for offenders without strikes. This distinction has a real effect on how much time a person actually serves.
What a Third Strike Means Under California Law
A third strike applies when the new current offense is also a serious or violent felony as defined under California law. If those conditions are met, the mandatory sentence is 25 years to life in state prison. The court has very limited discretion to impose a lesser sentence without dismissing a prior strike allegation.
The prosecution is required to plead and prove the prior strike convictions as allegations in the charging document. A prior conviction from another state may or may not qualify as a strike under California law depending on how the offense compares to California's definitions of serious and violent felonies.
Proposition 36 and the Reform of Three Strikes
In 2012, California voters approved Proposition 36, which reformed the Three Strikes law in two significant ways. Going forward, the 25-to-life sentence only applies when the third felony is itself serious or violent. And for people already serving a 25-to-life sentence under the old law, Proposition 36 created a mechanism to petition the court for resentencing.
Many people in California prisons were serving life sentences for third-strike convictions that were not violent. Proposition 36 gave those individuals the right to petition for resentencing to a determinate term. Our resentencing practice includes Proposition 36 petitions alongside other resentencing motions.
Defending Against a Strike Enhancement in San Bernardino
When the prosecution files a strike allegation, the defense can challenge whether the prior conviction actually qualifies as a strike under California law. Whether a prior out-of-state conviction qualifies, whether the facts underlying the prior case match the required elements, and whether the documentation of the prior conviction is complete are all areas that an attorney can investigate.
Courts also have the authority under People v. Romero to dismiss a prior strike allegation "in furtherance of justice." The court considers the nature of the current offense, the defendant's background, and whether striking the prior is in the interest of justice. A successful Romero motion can make an enormous difference in the potential sentence.
Post-Conviction Options When a Strike Is on Your Record
For people already serving sentences affected by the Three Strikes law, post-conviction relief options may be available. Proposition 36 resentencing petitions remain available for those who qualify. AB 600 resentencing may offer a path in other situations. Habeas corpus petitions can also be filed when there was a constitutional error in the original proceedings.
Our founding attorney, Tammy Higgins, has handled post-conviction cases involving murder convictions and life sentences, and has had clients resentenced from life to time served. Results vary by case. Past outcomes do not guarantee future results.
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