California Three Strikes Law (Penal Code § 667)

Under California’s Three Strikes Law, codified in Penal Code § 667, individuals convicted of serious or violent felonies face drastically increased prison terms for each subsequent offense.

Originally passed in the 1990s to combat repeat offenders, the law mandates longer sentences, limited parole opportunities, and restricted judicial discretion in sentencing.

At David P. Shapiro Criminal Defense Attorneys, we help clients facing strike-eligible charges avoid life-altering prison terms. These cases demand smart, aggressive legal work, starting the moment a prior conviction becomes part of the conversation.

What is California’s Three Strikes Law?

The Three Strikes Law increases penalties for repeat offenders with prior convictions for certain crimes:

• One prior strike: Your sentence is doubled for any new felony.
• Two or more prior strikes: You face 25 years to life for any new strike felony conviction (with narrow exceptions).

This law applies only if the prior convictions were for serious or violent felonies, as defined by Penal Code § 667.5(c) and § 1192.7(c).

What Counts as a “Serious or Violent Felony”?

Strike-eligible convictions include (but are not limited to):

• Murder and attempted murder
• Voluntary manslaughter
• Rape and sexual assault
• Robbery and residential burglary
• Arson
• Assault with a deadly weapon
• Kidnapping
• Certain gang-related felonies
• Any felony involving a firearm

Juvenile adjudications can also count if the minor was 16 or older, and the offense would have qualified as a strike had it been committed by an adult.

How the Law Works: Sentencing Under PC § 667

First Strike

Standard sentencing guidelines apply. But, depending on whether it’s a serious or violent strike, credits on a prison sentence will be affected.

Second Strike

If a person has one prior strike and is convicted of any new felony, the new sentence is doubled. This applies even if the new felony is not serious or violent.

Third Strike

If someone has two prior strike convictions and is later convicted of a third felony that is also a strike (meaning a serious or violent felony under California law), the court must impose a sentence of 25 years to life. However, if the new felony is not a strike, the 25-to-life penalty does not apply under current law. Judges may also consider a Romero motion to dismiss a prior strike for sentencing purposes, which can significantly reduce the potential punishment.

When a Non-Strike Felony Can Still Lead to a Life Sentence

Under current California law, a person generally cannot receive a 25-to-life sentence for a third felony unless that third offense is also a serious or violent felony (a “strike”). However, exceptions exist, especially when one or more of the prior strikes qualify as “super strikes” (such as murder, certain sex offenses, or large-scale child molestation). In those cases, even if the third felony is not a strike, the defendant may be ineligible for leniency or relief under reforms like Proposition 36, and in some circumstances, still face a life sentence.

Examples of prior convictions that may trigger these exceptions include:

• Murder or attempted murder
• Certain sex offenses requiring lifetime registration
• Lewd acts with a child under 14
• Any felony punishable by death or life imprisonment

These rare but severe exceptions make California’s Three Strikes law especially harsh for defendants with qualifying prior convictions, even when the new offense is nonviolent or non-serious.

Consequences Beyond Sentencing

In addition to increased prison time, the Three Strikes Law also imposes:

• Mandatory state prison terms (no probation or alternative sentencing)
• Reduced custody credits (only 15-20% time served credit for strikes)
• No diversion or rehabilitation alternatives
• Limits on parole and early release eligibility

If you are sentenced under the third strike provision, you will serve 25 years before becoming eligible for a parole hearing—and eligibility does not guarantee release.

Can Strikes Be Dismissed or Avoided?

Yes. An experienced defense attorney can pursue:

1. Motion to Strike Prior Convictions (Romero Motion)

Under People v. Superior Court (Romero), courts may strike a prior strike conviction in the interest of justice. Factors considered include:

• Time since the prior offense
• Nature of the current offense
• History of rehabilitation

2. Plea Bargaining to Non-Strike Offenses

We often work to negotiate charges down to avoid triggering strike consequences. This may involve reducing the charge itself or removing sentencing enhancements.

3. Challenging the Validity of Prior Convictions

If a prior conviction is invalid or does not meet strike criteria, it should not be used to enhance a sentence. We review the original conviction records to find weaknesses.

How We Defend Three Strikes Cases

At David P. Shapiro Criminal Defense Attorneys, we:

• Analyze the timeline and nature of each prior conviction
• Determine if the prior offense qualifies as a strike under current law
• File Romero motions when appropriate
• Challenge current charges to avoid a strike-eligible conviction
• Fight to dismiss enhancements and limit exposure

Our job is to change the conversation from whether the law technically applies to whether justice actually requires this level of punishment.

Reform Efforts and Current Landscape

Proposition 36, passed in 2012, limited the scope of third-strike life sentences to cases where the new felony is serious or violent, unless special exceptions apply.

Despite these changes, the law remains severe and inflexible for many. Even one prior strike can alter the entire course of a criminal case.

Facing a Strike? Get Legal Representation Now

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.