PC 667 – California’s Three Strikes Law

PC 667 is the core statute behind California’s Three Strikes Law, one of the most significant sentencing enhancement laws in the state. Rather than defining a specific crime, PC 667 increases the punishment for a new felony conviction based on the defendant‘s prior record of “serious” or “violent” felony convictions. A second strike generally doubles the sentence for the current offense. A third strike, where the current offense also qualifies as serious or violent, can result in a sentence of 25 years to life in state prison — regardless of what the current offense would otherwise carry on its own.

How PC 667 Structures Sentencing

PC 667 creates an escalating framework based on the number of qualifying prior convictions a defendant has:

• No prior strikes: The current offense is sentenced under its standard statutory range.
• One prior strike (second strike case): The sentence for the current felony conviction is generally doubled, and the defendant must serve a larger percentage of that sentence before parole eligibility due to reduced credit-earning rates.
• Two or more prior strikes (third strike case): If the current offense also qualifies as a serious or violent felony, the sentence increases to 25 years to life in state prison.

Since the passage of Proposition 36 in 2012, the full third-strike 25-to-life sentence generally requires the current offense to also be a serious or violent felony, with limited exceptions. Before this reform, any new felony conviction could trigger a third-strike life sentence for a defendant with two qualifying priors.

What Counts as a Strike

A prior conviction qualifies as a strike if it falls under California’s statutory definitions of a “serious felony” (PC 1192.7) or “violent felony” (PC 667.5). Many of the offenses within our violent crimes defense practice qualify, including murder, attempted murder, kidnapping, mayhem, and carjacking. Not every felony qualifies — most drug and property offenses fall outside these categories unless committed under specific aggravating circumstances. Our article, What Is a Strike Offense?, breaks down exactly which charges qualify in more detail.

Penalties Under PC 667

For a full explanation of how these sentencing tiers work in practice, see our companion article, California’s Three Strikes Law Explained.

Challenging Strike Allegations

Because the consequences of a strike finding are so severe, strike allegations are frequently challenged on several fronts. A defense attorney may dispute whether an alleged prior conviction actually qualifies as a strike under the statutory definitions, particularly for out-of-state or older convictions where the underlying offense’s elements must be compared to California’s current definitions. In some cases, a defense attorney can ask the court to exercise its discretion to strike a prior conviction for sentencing purposes through what is known as a Romero motion, based on factors such as the nature of the prior offense, the passage of time, and the defendant’s background and character.

Related Statutes

• PC 1192.7 (Serious Felonies) — the statutory list defining which offenses qualify as “serious” felonies for strike purposes.
• PC 667.5 (Violent Felonies) — the statutory list defining which offenses qualify as “violent” felonies, carrying additional credit-earning restrictions.
• PC 1170.12 (Three Strikes, Alternate Provision) — a parallel three strikes provision often charged alongside PC 667.

Last updated: August 2026. California’s Three Strikes Law has been subject to significant reform through ballot initiatives and case law; this page should be reviewed periodically to confirm it reflects current sentencing rules.

Contact a Strike Sentencing 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 current charge alone suggests. Contact KN Law Firm’s violent crimes defense team today at (888) 950-0011 for a free, confidential consultation.