California Three Strikes Law DefenseCalifornia Penal Code § 667 & § 1170.12
Free Consultation.
California's Three Strikes Law
California's Three Strikes Law (Penal Code §§ 667 and 1170.12) is one of the harshest sentencing enhancement laws in the United States. It imposes significantly enhanced sentences on defendants who have prior serious or violent felony convictions — called "strikes" — on their record. Understanding how strikes work and how to defend against strike allegations is critical to avoiding potentially catastrophic sentences.
What Is a Strike?
A "strike" is a conviction for a serious felony (listed in PC 1192.7) or a violent felony (listed in PC 667.5(c)). Common strike offenses include murder, rape, robbery, burglary of an inhabited dwelling, assault with a deadly weapon, criminal threats, and many others. A strike stays on your record permanently — there is no statute of limitations for prior strikes to be used against you.
How the Three Strikes Law Works
With one prior strike, your current sentence is doubled. With two prior strikes, you face a mandatory minimum of 25 years to life in state prison — regardless of the nature of the current offense, which does not have to be a strike itself (under current law following Proposition 36). With three strikes where the current offense is also a serious or violent felony, the mandatory sentence is 25 years to life.
Romero Motions — Striking a Strike
Under People v. Romero, defense attorneys can ask the court to dismiss (strike) one or more prior strike allegations "in the furtherance of justice." A successful Romero motion can dramatically reduce your exposure. Courts consider factors including the nature of the prior strike, how long ago it occurred, your conduct since the prior conviction, and the nature of the current offense. Our attorneys are experienced in filing and arguing Romero motions.
Proposition 36 — Three Strikes Reform
Proposition 36 (2012) reformed the Three Strikes Law so that a life sentence requires the current offense to also be a serious or violent felony. It also allowed some defendants already serving life sentences under the old law to petition for resentencing. Our attorneys assist clients in pursuing Prop 36 resentencing petitions.
Contact Virtuoso Law
Three strikes cases require experienced, aggressive representation. Call (833) 666-5245 immediately — available 24/7 throughout the Bay Area and Central Valley.