California’s Three Strikes Law, codified in part at PC 667, dramatically increases prison sentences for defendants who have prior convictions for “serious” or “violent” felonies. A second strike generally doubles the sentence for a new felony conviction. A third strike — where the defendant has two or more qualifying prior convictions — can result in a sentence of 25 years to life, even if the current offense on its own would carry a much shorter term. If you have a prior serious or violent felony on your record and are now facing a new charge, this law could be the single biggest factor in your case, often outweighing the specific facts of the new offense itself.

Why California Adopted the Three Strikes Law

California voters passed the original Three Strikes Law through Proposition 184 in 1994, at a time of significant public concern about repeat violent offenders. The law was designed to keep people convicted of serious and violent felonies out of the community for extended periods after a second or third qualifying conviction, on the theory that repeat offenders posed an ongoing danger that standard sentencing ranges didn’t adequately address. In the decades since, the law has been narrowed somewhat — most significantly through Proposition 36 in 2012 — but its core structure of escalating, mandatory sentence increases remains one of the most significant sentencing factors in California criminal law today.

How the Three Strikes System Works

The Three Strikes Law creates three tiers of sentencing exposure based on prior convictions:

  • First strike: A single conviction for a serious or violent felony. On its own, this does not trigger increased sentencing — but it becomes relevant if the person is convicted of another felony at any point in the future, no matter how much time has passed.
  • Second strike: A new felony conviction where the defendant has one prior strike. The sentence for the new offense is generally doubled, and the defendant must serve a larger percentage of that sentence before becoming eligible for release, since strike convictions reduce the rate at which good-time and work-time credits can be earned.
  • Third strike: A new felony conviction where the defendant has two or more prior strikes. This can result in a sentence of 25 years to life in state prison, regardless of how the current offense would otherwise be sentenced on its own.

Since 2012, California voters have narrowed the third-strike rule somewhat through Proposition 36, generally requiring the third offense itself to be a serious or violent felony (with limited exceptions) in order to trigger the full 25-to-life sentence. Before that reform, any new felony — even a minor, non-violent one — could trigger a third-strike life sentence if the defendant had two prior qualifying convictions. This reform also opened a path for some people already serving third-strike sentences under the old, broader rule to petition for resentencing.

What Counts as a Strike Offense?

Not every felony qualifies as a strike. California law defines specific categories of “serious” and “violent” felonies that count, and this list is more precise — and sometimes more surprising — than people expect. Many of the offenses our firm regularly defends fall into this category, including murder under PC 187, attempted murder under PC 664/187, kidnapping under PC 207, mayhem under PC 203, and carjacking under PC 215. Voluntary manslaughter is also generally treated as a strike offense, while involuntary manslaughter typically is not. We go into significantly more detail about which specific charges qualify, and how the “serious” versus “violent” distinction affects sentencing, in our companion article, What Is a Strike Offense?

Why This Law Matters Even If Your Current Charge Seems Minor

One of the most important things to understand about the Three Strikes Law is that it can transform a relatively minor new charge into a decades-long sentence if you have prior strikes. A person with two prior strike convictions who is now facing a new felony — even one that would ordinarily carry a modest sentence — may be looking at 25 years to life if the current charge also qualifies as serious or violent. This is exactly why it’s critical to disclose your full criminal history to your defense attorney immediately, so your legal team can accurately assess your true sentencing exposure from day one, rather than discovering the strike issue midway through negotiations with the district attorney’s office.

Frequently Asked Questions

Do Strikes Ever Expire?

Unlike some sentencing enhancements that have time limits, strike priors in California generally do not expire. A serious or violent felony conviction from years or even decades ago can still count as a strike for sentencing purposes on a new case, regardless of how much time has passed or how significantly the person’s life has changed since then. This is one of the harshest features of the law and a common source of shock for clients who assumed an old conviction from their early twenties, for example, was long behind them by the time a new charge arose in middle age.

Can a Strike Be Challenged or Removed?

In some circumstances, a defense attorney can ask the court to exercise its discretion to “strike” a prior conviction for sentencing purposes under what is commonly known as a Romero motion (named after the 1996 California Supreme Court case, People v. Superior Court (Romero), that established this authority). Courts consider factors such as the nature and circumstances of the current and prior offenses, the passage of time since the prior conviction, and the defendant’s background, character, and prospects when deciding whether striking a prior serves the interests of justice. This is a discretionary tool, not a guarantee, and success depends heavily on how thoroughly the motion is prepared and argued, including the supporting evidence presented about the defendant’s history since the prior conviction.

How This Affects Plea Negotiations

Because the stakes of a strike conviction are so high, the presence of prior strikes fundamentally changes how a case should be negotiated from the very first conversation with the district attorney’s office. Prosecutors are often less willing to offer favorable plea deals when a strike is on the table, since a conviction locks in sentencing consequences that follow the defendant into any future case, sometimes for the rest of their life. On the defense side, this means pursuing every available avenue — challenging the underlying evidence, negotiating the specific charge filed to avoid a strike-qualifying offense altogether, or, where appropriate, preparing a Romero motion for the sentencing phase — becomes even more important than in a case without strike exposure.

In our experience representing clients throughout Glendale, Burbank, Pasadena, and the greater Los Angeles area, we’ve seen how a strike prior can shift an entire case strategy from the outset. What might otherwise be a fairly straightforward negotiation becomes a much more carefully calculated defense, often requiring early intervention before charges are even formally filed, and close coordination between the criminal case and any collateral consequences the client may be facing.

How Strikes Interact With Other Sentencing Enhancements

Strike sentencing does not operate in isolation — it stacks on top of other enhancements that may also apply to a case, such as firearm-use enhancements or gang enhancements. A defendant facing a second-strike doubled sentence who also has a firearm enhancement attached to the underlying charge, for example, could see both consequences added together, resulting in a sentence far longer than either enhancement would produce on its own. This stacking effect is one of the reasons strike-eligible cases require such careful, comprehensive review of every charge and allegation filed, not just the headline offense. Our article on Gang Enhancement Charges covers how that particular enhancement functions and how it can compound strike-related sentencing exposure.

What Happens at Sentencing in a Strike Case

When a defendant is convicted of a strike-eligible offense with one or more prior strikes, the sentencing hearing itself becomes significantly more involved than a standard felony sentencing. The court must first determine whether the alleged prior convictions are legally valid strikes — sometimes requiring certified court records from years or decades earlier — before applying the doubling or 25-to-life calculation. If the defense has filed a Romero motion, the court will also hear argument and evidence on whether striking a prior conviction serves the interests of justice before finalizing the sentence. This makes the sentencing hearing in a strike case less of a formality and more of a genuine, evidence-based proceeding where a skilled defense attorney can still meaningfully affect the outcome, even after a conviction.

Key Takeaways

  • A second strike generally doubles the sentence for a new felony conviction.
  • A third strike can trigger a 25-years-to-life sentence, generally when the new offense is itself serious or violent.
  • Strike priors typically do not expire, no matter how much time has passed.
  • Many violent crime charges — including murder, attempted murder, kidnapping, mayhem, and carjacking — qualify as strike offenses.
  • A Romero motion can, in limited circumstances, ask a court to strike a prior conviction for sentencing purposes.
  • Full disclosure of your criminal history to your defense attorney early on is critical to accurately assessing sentencing exposure.

Contact a Strike Offense Defense Attorney

If you’re facing a new felony charge and have a prior strike on your record, the sentencing exposure in your case may be far higher than the charge alone suggests. KN Law Firm’s violent crimes defense team understands how to build a defense strategy around strike exposure from the very first consultation. Call (888) 950-0011 today.