California’s Three Strikes Law has changed significantly since Proposition 36. If you have a prior “strike” or offense in your record, every new felony exposes you to doubled prison time. The “third strike” (a new felony with two prior strikes) triggers prison sentences of 25 years to life. However, Proposition 36 stipulates that only “serious” or “violent” felonies can trigger a 25-to-life sentence.
Key Takeaways:
- If you have a prior offense on your record, even a non-violent felony can double your previous/current punishment.
- Proposition 36 stipulates that only violent or serious felony offenses can incur prison sentences of 25 years to life.
- A non-violent third strike can also result in a life sentence if your prior record reveals a “Super Strike” (a felony charge for rape, child molestation, murder, etc.)
- Through a specialized legal filing known as the Romero Motion, defendants can ask the presiding judge to dismiss a prior strike from consideration in the current case. This allows defense attorneys to ensure lenient sentences for their clients.
- Upon being charged with your third strike, consulting a DCD LAW defense attorney immediately can help you prepare a solid defense strategy to avoid the maximum punishment.
Passed in 1994 and revised in 2012, California’s Three Strikes Law is among the toughest statutes for habitual or repeat offenders in the country. It is enacted under California Penal Code § 667 (PC) and California Penal Code § 1170.12 (PC), functioning as a sentencing escalator for repeat offenders. As a result of this law, your sentence gets doubled when you repeat an offense, and your third offense can incur a prison sentence of 25 years to life.
What is the Three Strikes Law of California?
Most people assume that the Three Strikes Law simply means that three felony convictions and the only sentence given is imprisonment for 25 years to life. However, the reality is a little more complicated than that.
The basic idea behind the law is that if the defendant has:
- 1 prior strike: Sentence may be doubled
- 2 prior strikes: Greater sentencing exposure
- Qualifying 3rd strike: Significant additional penalties
- Serious or Violent Felonies: Most likely to trigger strike consequences
Today, however, the key question that the courts try to determine is not how many prior felonies an offending have on their record. Instead, courts determine whether the felonies legally qualify to be classified as strikes.
What Are The Changes After Proposition 36?
California’s Three Strikes Law witnessed a significant change after Proposition 36. Key changes include:
|
Before Proposition 36 |
After Proposition 36 |
| Any felony could trigger a third-strike sentence | A third strike usually must be serious or violent |
| More life sentences for lower-level offenses | Narrower application |
| Limited sentencing flexibility | Greater focus on offense severity |
Table: Comparison of Before & After Proposition 36
The 2012 reform essentially limited the volume of situations that could be considered for the harshest penalties under California’s Three Strikes Law. While many California citizens considered this reform unfair, it was passed to ensure that minor third offenses did not trigger life sentences.
Which Crimes Are Still Considered “Strike” Offenses In 2026?
This one of the most common questions for individuals with priors. Generally, serious, violent felonies are still counted under strike offenses. These include:
- Serious Violent Crimes: Murder, attempted murder, voluntary manslaughter, and other such homicide offenses
- Robbery Offenses: First-degree residential burglary, carjacking, and robbery
- Certain Sex Crimes: Forcible rape, oral copulation by force, lewd or lascivious acts involving a minor under 14, child molestation, etc.
- Assault Causing Serious Injury: Assault with a deadly weapon, assault causing Great Bodily Injury (GBI), or any felony where a firearm is actively used or discharged.
- Kidnapping and Arson: Simple or aggravated kidnapping and arson that results in bodily injury.
It is important to note here that juvenile felony offenses can also count as priors. So, if you had committed a serious or violent felony offense between 16 and 18 years of age, the prosecution and the presiding judge will also consider that offense when counting your strikes and determining the right sentence for you.
Can You Have A Strike Challenged Or Removed?
Some non-violent or non-serious offenses can be removed from being considered as strikes by filing a specialized legal motion known as the Romero Motion. It is left to the discretion of the presiding judges and the District Attorneys to determine whether the prior offense legally meets the requirements to be removed as a strike or not.
Key Areas Reviewed by DAS and Judges
- Accuracy of criminal records
- Classification of prior offenses
- Constitutional issues
- Sentencing history
- Prior court documentation
How Can This Help Defendants
- Incorrect Record: Prevent improper enhancement
- Misclassified Conviction: Reduce sentencing exposure
- Legal Error: Challenge strike allegation
- Missing Documentation: Create defense opportunities
Since every strike can impact the sentencing for your current offense, getting one removed from consideration can also lead to reduced charges and/or sentences.
How Will Your Defense Attorney Fight Your Strike Allegation?
Facing a multi-strike indictment can feel completely overwhelming, but an experienced defense attorney from DCD LAW will employ powerful legal mechanisms to dismantle the prosecution’s case. Some of the most successful defense strategies we employ include:
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The Romero Motion: Striking a Prior
The Romero Motion (based on the case of People v. Superior Court (Romero)) is a filing that requests the presiding judge to exercise their judicial discretion under California Penal Code § 1385 (PC) and disregard a prior strike conviction for sentencing purposes. In such cases, rather than verifying guilt or innocence, the judge determines factors including the age of the strike, the nature of the new offense, the defendant’s character, etc., when determining whether or not to remove the offense from being considered as a strike.
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Challenging The Legal Validity Of A Prior Conviction
By investigating the court records for your past convictions, your defense attorney can identify gaps that can get the strike removed in accordance with California’s Three Strikes Law. For high-stakes cases such as these, every small detail can be held up in court for reconsideration of your standing with the Three Strikes Law.
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Reducing “Wobblers” via California Penal Code § 17(b) (PC)
A skilled DCD LAW defense attorney can file a motion with the court or coordinate with DAs to get your felony charges reduced to misdemeanors. Under California Penal Code § 17(b) (PC), your defense attorney’s motion will ask the judge to reduce the charge to a misdemeanor so that they are not considered a “strike offense”. And since only strike offenses or felony offenses can be considered for the Three Strikes Law to apply, you can avoid the sentence multiplier.
Get The Best Defense For Your Strike Offense With A DCD LAW Defense Attorney
The severity of a double sentence and/or a possible life sentence will affect your future. You cannot depend upon standard representation to get you out of trouble. You require an experienced Criminal Defense Lawyer who specializes in the aggressive litigation of complex enhancement statutes.
DCD LAW will provide you with the best legal defense attorney that you can obtain. Our attorneys have the experience, knowledge, and ability to represent you aggressively and effectively for high-exposure criminal cases. They focus on proactive and early intervention by attacking the prosecution’s case to weaken their position during the pre-filing stage and preparing thorough Romero packages to advocate for your freedom and liberty.
Are You Facing A Felony Charge In California With Prior Strikes On Your Record?
Don’t leave a doubled sentence or life imprisonment to chance. Contact the veteran legal team at DCD LAW today for a completely confidential, strategic evaluation of your case and build your defense blueprint.
Frequently Asked Questions
1. Are Prior Strike Convictions Ever Erased From A Criminal Record In California?
No. Strike convictions do not have a statute of limitations and do not expire, meaning that even strikes that occurred 20 years ago are still available to enhance current charges.
2. Will The DA Voluntarily Dismiss A Strike Allegation?
Yes. The DA often will be persuaded by a competent criminal defense attorney to dismiss a strike allegation if it is resolved via a reasonable plea agreement.
3. Can An Out-Of-State Conviction Be Counted As A Strike In California?
Yes. An out-of-state conviction can count as a strike if the elements of the out-of-state offense exactly match all of the elements that make up a serious or violent felony under California law.
4. What Is A Super Strike In California?
A Super Strike is an extremely serious prior felony conviction, such as murder or rape by physical force, as well as child molestation, that permanently prohibits a defendant from being eligible for the leniency of sentencing provisions of Proposition 36.
5. What Is A Wobbler & How Does This Affect Your Three Strikes Case?
A wobbler is an offense that may be charged as either a felony or a misdemeanor, depending on your state criminal code. Your defense attorney can argue before a judge to reduce a wobbler case from being charged as a felony to being charged as a misdemeanor under PC 17(b). This will ensure that the Three Strikes law may not apply to your specific case because you were convicted of a crime that is not considered a felony anymore.
