How California’s Three Strikes Law Affects Violent Crime Sentencing

Facing violent crime charges in California carries serious consequences on its own. When California’s Three Strikes Law comes into play, the penalties become dramatically more severe.

If you have prior serious or violent felony convictions and now face new charges, understanding how California’s Three Strikes Law affects violent crime sentencing could mean the difference between a standard sentence and decades behind bars.

What Is California’s Three Strikes Law?

California Penal Code Section 667, commonly known as the Three Strikes Law, imposes enhanced sentences on people convicted of felonies who have prior serious or violent felony convictions.

Under this law, a “strike” refers to a conviction for either:

• A violent felony as defined under California Penal Code Section 667.5
• A serious felony as defined under California Penal Code Section 1192.7

The law operates on an escalating punishment model. Each additional strike increases the severity of sentencing for any new felony conviction, regardless of whether that new offense would otherwise be considered serious or violent.

How the Three Strikes Law Works

The law operates on an escalating scale where each prior conviction increases your sentencing exposure.

First Strike Offense

A first-time conviction for a serious or violent felony results in standard sentencing for that offense. While it counts as a strike on your record, it doesn’t trigger enhanced sentencing at this stage. However, this conviction will follow you and affect sentencing if you’re ever convicted of another felony. If it is a violent felony, and you are sent to prison, you will also serve a higher percentage of time.

Second Strike Enhancement

If you already have one prior strike conviction and are convicted of any new felony, the Three Strikes Law automatically doubles your sentence. This doubling applies to the base term of the current offense before any other enhancements are added.

Third Strike Penalty

The most severe consequences come with a third strike. If you have two prior serious or violent felony convictions and are convicted of a third serious or violent felony, you face a mandatory sentence of 25 years to life in state prison.

Following the passage of Proposition 36 in 2012, the third strike must also be a serious or violent felony to trigger the 25-years-to-life sentence.

If the third conviction is for a non-serious, non-violent felony, the sentence is doubled rather than receiving the 25-years-to-life term.

Which Violent Crimes Count as Strikes?

California law specifically defines which offenses qualify as strike-eligible violent felonies. Violent felonies under California Penal Code Section 667.5 include:

• Murder or voluntary manslaughter
• Rape and sexual assault offenses
• Robbery
• Carjacking
• Kidnapping
• Arson causing great bodily injury
• Assault with intent to commit certain felonies
• Mayhem
• Lewd acts on a child under 14
• Any felony punishable by death or life imprisonment
• Any felony in which you inflicted great bodily injury on another person (not an accomplice)
• Any felony in which you used a firearm

Beyond violent felonies, serious felonies under California Penal Code Section 1192.7 also count as strikes.

How the Three Strikes Law Affects Violent Crime Sentences

The Three Strikes Law can transform what might otherwise be a manageable sentence into decades in prison.

Consider these real-world impacts:

• Sentence Multiplication: Each strike prior multiplies your exposure. A crime that normally carries a four-year sentence becomes eight years with one prior strike and 25 years to life with two prior strikes if the new crime is also serious or violent.
• Consecutive Enhancements: When you face multiple charges or have multiple prior serious felony convictions, the court may impose additional five-year enhancements for each prior serious felony conviction.
• Parole Eligibility: Under the Three Strikes Law, you typically must serve 80% of your sentence before becoming eligible for parole if you’re a second or third striker.

For violent felony convictions specifically, you must serve 85% of the sentence before parole eligibility. This compares to 50% for many other offenses.

For third-strike sentences of 25 years to life, parole eligibility doesn’t guarantee release but simply allows you to appear before the parole board.

• Limited Judicial Discretion: While judges have some discretion to dismiss or “strike” prior convictions in the interests of justice, prosecutors aggressively oppose such motions. The law requires prosecutors to plead and prove all known prior strikes, limiting plea bargaining options.

Out-of-State and Juvenile Convictions

California’s Three Strikes Law can apply to convictions from other states and even certain juvenile adjudications.

An out-of-state conviction counts as a California strike only if it includes all the elements of a California serious or violent felony.

Juvenile adjudications may qualify as strikes if:

• You were 16 or older when the offense occurred
• The offense is listed in California Welfare and Institutions Code Section 707(b)
• You were found fit for juvenile court
• You were adjudged a ward based on the qualifying offense

Defending Against Three Strikes Enhancements

Several defense strategies may help reduce or eliminate strike enhancements:

Challenging Prior Strike Convictions

Your attorney can investigate whether the alleged prior strikes actually qualify.

Key points your attorney will examine:

• Whether prior convictions meet the legal definition of serious or violent felonies
• Whether charging documents and plea agreements show reduced charges
• Whether prior convictions were properly proven in court
• Whether statute of limitations issues exist

Even eliminating one prior strike can dramatically reduce your potential sentence.

Romero Motions

Under People v. Superior Court (Romero), courts have discretion to dismiss or “strike” prior convictions in the interests of justice. Your attorney can file a Romero motion arguing that your circumstances fall outside the spirit of the Three Strikes Law.

Courts consider factors including:

• The nature and circumstances of your prior convictions
• How long ago the prior offenses occurred
• Your background, character, and rehabilitation efforts
• The nature of the current offense
• Whether you present a current danger to society

Proposition 36 Relief

If you’re serving a third-strike sentence for a non-serious, non-violent felony, you may petition for resentencing under Proposition 36.

Eligibility requirements:

• Your third strike was not a serious or violent felony
• You don’t pose an unreasonable risk to public safety
• Your prior strikes don’t include certain disqualifying offenses

The court will grant resentencing unless you pose an unreasonable risk to public safety.

Fighting the Current Charges

The strongest defense is often defeating the current charges entirely. Without a new conviction, the Three Strikes enhancements don’t apply.

Your attorney should:

• File pretrial motions to suppress illegally obtained evidence
• Challenge witness credibility and identification
• Examine police procedures for constitutional violations
• Negotiate for charge reductions to non-strike offenses
• Aggressively litigate the case at trial if necessary

Contact David P. Shapiro Criminal Defense Attorneys

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.