What Crimes Count as Strikes Under California’s Three Strikes Law?

Facing a criminal charge in California is serious enough. But if you have prior convictions on your record, the stakes just got much higher. Under California’s Three Strikes Law, certain felony convictions can double your sentence or land you in prison for 25 years to life.

At David P. Shapiro Criminal Defense Attorneys, we’ve seen firsthand how devastating this law can be for repeat offenders—especially those unaware of how past convictions can impact their current case.

So what crimes fall under the Three Strikes Law?

Below, we break down which crimes qualify under the Three Strikes Law, how it works, and what you need to know if you’re facing charges in California.

How California’s Three Strikes Law Works

California passed its Three Strikes and You’re Out Law on March 7, 1994. The law was designed to keep repeat offenders in prison longer by dramatically increasing sentences for people convicted of multiple serious or violent felonies.

Here’s how it breaks down:

First Strike:

• You’re convicted of a serious or violent felony.
• The sentence is whatever the law normally prescribes for that crime.
• This conviction goes on your record as a “strike.”

Second Strike:

• You’re convicted of any new felony, and you already have one strike on your record.
• Your sentence for the new conviction may be doubled.
• Probation is typically not available.
• You may be required to serve at least 80% of your sentence before becoming eligible for release.

Third Strike:

• You’re convicted of a new strike felony when you already have two strikes on your record.
• In most cases, you may face a mandatory sentence of 25 years to life in state prison.
• Probation is not an option.
• You’ll serve your full sentence before becoming eligible for parole.

What Changed with Proposition 36?

Before 2012, California’s Three Strikes Law was one of the harshest in the nation. Any third felony, no matter how minor, triggered 25-to-life if you had two prior strikes.

That meant people were receiving life sentences for:

• Shoplifting
• Drug possession
• Petty theft with a prior

Proposition 36 changed that. Now, with limited exceptions, your third strike must also be serious or violent to trigger the 25-to-life sentence.

The law also allowed prisoners serving life sentences for non-serious, non-violent third strikes to petition for resentencing. Thousands of inmates have been released under this provision.

But make no mistake: the law still dramatically increases punishment for repeat offenders. Second strikers still see their sentences doubled for any new felony. And third strikers convicted of serious or violent felonies still face 25-to-life.

What Makes a Felony a “Strike”?

Not every felony counts as a strike. California law specifically defines which crimes qualify.

A strike conviction is any felony listed as either:

• A “serious felony” under California Penal Code Section 1192.7(c), or
• A “violent felony” under California Penal Code Section 667.5(c)

Some felonies appear on both lists. The serious felony list contains about 42 offenses. The violent felony list has about 23 offenses.

The distinction matters because these are the only convictions that can count as strikes for sentencing purposes.

Serious Felonies That Count as Strikes

California Penal Code Section 1192.7(c) lists dozens of serious felonies.

Here are the most common ones:

Crimes Against People:

• Murder or voluntary manslaughter
• Mayhem
• Rape, sodomy, or oral copulation by force or threat
• Lewd acts on a child under 14
• Any felony involving great bodily injury personally inflicted on a complainant
• Any felony where you used a firearm

Property Crimes:

• Residential burglary (first-degree burglary)
• Robbery (taking property from someone through force or fear)
• Arson of a structure or forest land

Sex Offenses:

• Rape
• Sexual penetration by force
• Continuous sexual abuse of a child
• Lewd or lascivious acts with a child under 14

Weapons Offenses:

• Shooting at an inhabited dwelling or occupied vehicle
• Any felony where you personally used a deadly or dangerous weapon

Other Crimes:

• Carjacking
• Kidnapping
• Exploding a destructive device causing bodily injury
• Assault with intent to commit rape, robbery, or certain other felonies
• Selling or furnishing heroin, cocaine, or PCP to a minor
• Certain drug offenses involving specific quantities of controlled substances

Remember, these are just examples. The actual statutory lists are longer.

Violent Felonies That Count as Strikes

California Penal Code Section 667.5(c) defines violent felonies. Many serious felonies also qualify as violent felonies. The list includes:

• Murder or voluntary manslaughter
• Mayhem
• Rape
• Sodomy or oral copulation by force, violence, or threat
• Lewd acts on a child under 14
• Any robbery
• Kidnapping
• Carjacking
• First-degree burglary (residential burglary)
• Arson causing great bodily injury
• Attempted murder
• Assault with intent to commit rape or robbery
• Assault with a deadly weapon on a peace officer
• Assault by a life prisoner
• Exploding a destructive device with intent to injure or intimidate
• Exploding a destructive device causing bodily injury or great bodily injury
• Any felony where you personally used a dangerous or deadly weapon
• Any felony where you personally inflicted great bodily injury on a complainant

The keyword throughout these lists is “personally.” For many offenses, you only get a strike if you personally used a weapon or personally inflicted injury on a complainant. Being present during a crime where someone else used a weapon might not count as a strike.

When Your Third Strike Doesn’t Have to Be Serious or Violent

After Proposition 36, you generally need to commit another serious or violent felony to trigger the 25-to-life sentence. But there are exceptions.

You can still receive 25-to-life even if your third offense isn’t serious or violent when:

• Drug Offenses: Your third conviction involves certain quantities of cocaine, methamphetamine, heroin, or related drugs
• Sex Crimes: Your third offense is any felony sex crime requiring sex offender registration (with some exceptions for minor offenses like indecent exposure)
• Weapons: You used a firearm or deadly weapon during the commission of your third offense
• Intent to Cause Serious Harm: You intended to cause great bodily injury when committing your third offense
• Super Strikes: One of your prior strikes involves particularly serious offenses, including sexually violent offenses, sex crimes against children under 14, or murder

These exceptions mean the Three Strikes Law still applies harshly in many situations involving repeat offenders.

Do Out-of-State Convictions Count?

Yes, they can. If you were convicted of a crime in another state that would qualify as a serious or violent felony in California, it counts as a strike. This is true even if the other state doesn’t consider it a strike offense.

The test is simple: would the crime be considered serious or violent if committed in California? If yes, it counts as a strike regardless of where the conviction occurred.

Can Judges Dismiss Prior Strikes?

Sometimes. Judges have the power to “strike” or dismiss prior convictions in the “furtherance of justice.” This discretion comes from a landmark California Supreme Court case called People v. Superior Court (Romero).

A judge might dismiss a prior strike when:

• The prior conviction is very old
• Your new offense is relatively minor
• You have no recent violent criminal history
• The circumstances show you fall outside the “spirit” of the Three Strikes Law

But don’t count on it. Judges rarely dismiss strikes when your new offense is also serious or violent.

Don’t Try To Handle This Yourself

California’s Three Strikes Law can turn a single mistake into a life sentence. If you have prior strikes on your record, or if you’re currently facing charges that could count as a strike, you’re facing serious consequences that will impact the rest of your life.

You need a criminal defense attorney who understands the complexities of the Three Strikes Law and knows how to fight for your freedom. Don’t let a prosecutor or judge make assumptions about your case without someone fighting for your rights.

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.