What Is California’s Three Strikes Law and How Does It Affect Your Case?
California’s Three Strikes Law imposes stricter penalties for certain felony convictions if the offender has previous convictions for other serious or violent felonies. If you are facing a criminal charge that qualifies as a second or third strike, it’s important to understand the potential consequences you face. Due to the severe sentences for such convictions, a strong legal defense is extremely important in these cases.
Experienced Santa Rosa criminal defense lawyer Amy Chapman regularly represents clients in Three Strikes cases. She is prepared to evaluate your case, develop a strong defense strategy based on the circumstances, and defend you each step of the way. Contact our criminal defense law firm at (707) 636-3207 to discuss your California Three Strikes case in a free consultation.
What Is California’s Three Strikes Law?
California enacted the Three Strikes Law in 1994 during a period when lawmakers across the country were adopting tougher sentencing measures for repeat offenders. The goal was to deter individuals with serious criminal histories from committing qualifying crimes by imposing longer prison sentences and other life-changing consequences.
California’s Three Strikes Law is primarily codified in Penal Code sections 667(b) through 667(j) and Penal Code section 1170.12. These statutes establish the enhanced sentencing rules that courts must follow when a defendant has one or more prior strike convictions.
The law operates on a tiered system based on the number of qualifying strike convictions a defendant has on their record. A person with one prior strike is generally considered a “second-strike” offender if convicted of a new felony. A person with two or more prior strikes may face substantially harsher penalties, including up to life in prison, as a “third-strike” offender.
The Three Strikes Reform Act (a.k.a. Prop 36) was passed in 2012, eliminating life sentences for less serious, non-violent offenses and allowing those sentenced to life in prison for minor third-strike convictions to apply for reduced sentences. However, the Three Strikes law is still used to impose mandatory sentencing enhancements for serious and violent felony convictions today.
What Crimes Qualify as Strike Offenses in California?
Not every felony conviction counts as a strike under California’s Three Strikes Law. Only certain offenses classified as serious or violent felonies, or qualifying juvenile offenses can be used as strike convictions.
Serious Felonies Under California Law
The offenses that California classifies as “serious felonies” are outlined in California Penal Code section 1192.7(c). Many of these offenses automatically qualify as strikes.
Examples of serious offenses under California law include:
- Robbery
- Residential burglary of an inhabited dwelling
- Carjacking
- Criminal threats
- Attempted murder
- Assault with a deadly weapon
- Any felony in which the defendant personally uses a firearm
Some offenses qualify as serious felonies because of the circumstances surrounding the crime rather than the offense itself. For example, a felony may be considered a serious felony if the defendant personally inflicted great bodily injury or personally used a dangerous or deadly weapon during the commission of the offense.
Violent Felonies Under California Law
Violent felonies are listed in Penal Code section 667.5(c). These offenses are generally considered to be the most serious crimes under California law and also qualify as strikes.
Examples include:
- Murder
- Voluntary manslaughter
- Rape
- Kidnapping
- Mayhem
- Certain lewd acts involving minors
- Robbery involving the use of a firearm
- Any felony punishable by death or life imprisonment
Do Juvenile Adjudications Count as Strikes?
In some situations, a juvenile adjudication can be treated as a strike conviction even though the defendant was not convicted in adult court. Generally, the offense must be considered a serious or violent felony, the juvenile must have been at least 16 years old at the time of the offense, and the matter must have been adjudicated in juvenile court under circumstances that satisfy the statutory requirements.
How Prior Strikes Affect Sentencing on New Felony Charges
A prior strike conviction can significantly increase the punishment for a new felony offense, even when the current charge is not classified as a serious or violent felony.
Second-Strike Sentencing
A defendant with one prior strike conviction is generally considered a second-strike offender. Under California’s Three Strikes Law, the sentence imposed for a new felony conviction is typically doubled, which is one of the many reasons why it’s so important to work with a California criminal defense attorney.
For example, if a felony offense carries a five-year prison term, a defendant with a prior strike may face a ten-year sentence instead. This sentencing increase can apply even when the new offense is relatively minor compared to the prior strike conviction.
Third-Strike Sentencing
Defendants with two or more prior strike convictions may face the most severe penalties under California’s Three Strikes Law. However, the law is not as broad as it once was.
Before the passage of Proposition 36 in 2012, a defendant could receive a sentence of 25 years to life for virtually any felony if they had two prior strikes. Proposition 36 significantly narrowed the circumstances under which a life sentence may be imposed.
Today, a defendant generally faces a third-strike sentence of 25 years to life when the new offense is itself a serious or violent felony. Certain exceptions may also apply for specific offenses or criminal histories identified by the statute.
Even when a 25-to-life sentence is not triggered, defendants with multiple strike priors often face major sentencing increases. Cases involving alleged strike convictions require an aggressive defense strategy focused not only on the current criminal charges but also the validity of the prior strikes themselves.
Options for Challenging or Dismissing Strike Convictions
When prosecutors allege a prior strike conviction, the issue is not always as straightforward as it may seem. Before enhanced penalties can be imposed, the prosecution must prove that the prior conviction qualifies under California law. Criminal defense attorneys may challenge strike allegations by examining court records, prior plea agreements, and other evidence related to the defendant’s criminal history.
Disputes Over Whether a Prior Conviction Qualifies
One key question is whether a prior conviction actually meets the legal definition of a strike. Although some convictions clearly qualify, others require a more detailed analysis.
For example, an out-of-state conviction may involve a crime that has a similar name to a California offense but different legal elements. If the prosecution cannot establish that the prior offense is equivalent to a California serious or violent felony, the conviction may not be usable as a strike.
Challenges Involving Juvenile Strike Allegations
To use a juvenile offense as a strike, prosecutors must satisfy specific statutory requirements. The prosecution may need to establish that the defendant was old enough at the time of the offense and that the underlying offense qualifies as a serious or violent felony.
Disputes often arise regarding the contents of juvenile records and whether they support a strike allegation. Defense counsel may carefully review the file to determine whether the legal requirements have actually been met.
Constitutional and Procedural Issues
Three Strikes cases may also involve procedural and constitutional questions. Prosecutors bear the burden of proving prior convictions, and courts must ensure that sentencing enhancements are imposed only when supported by legally sufficient evidence.
Issues may arise regarding the accuracy of criminal history records, the interpretation of prior plea negotiations, or whether the prosecution has presented the proper documentation to establish the alleged strike. In some cases, a successful challenge from a legal team may prevent the strike from being used altogether, which can substantially reduce the defendant’s possible sentence.
Discuss Your Case With a Santa Rosa Three Strikes Lawyer
A prior strike conviction can dramatically increase the penalties associated with a new felony charge. However, not every alleged strike is valid, and courts may have discretion to dismiss strikes in certain cases. If you are facing strike allegations, get a free case evaluation by contacting experienced Santa Rosa criminal defense attorney Amy Chapman at (707) 636-3207.