The California Three Strikes Law
Three Strikes and You’re Out for Life? A Defense Lawyer May be Able to Help
Under California’s Three Strikes Law (sometimes written as the “3 strikes law”), those who commit three serious felony offenses face life imprisonment. Though the legislation is one of the best-known parts of California’s legal code, most people don’t understand its technicalities. For example, few people know which crimes fall under the law, that there are sentencing enhancements for second strikes, or that it is possible to challenge these mandatory sentencing enhancements.
Vista attorney Peter M. Liss has put together this simple guide to help the public, including his clients in San Diego County, better understand the Three Strikes Law.
What is California’s Three Strikes Law?
California Penal Code 667 (PC) is known as the “Three Strikes Law.”1 “At its most basic, the Three Strikes rule requires mandatory sentence increases for defendants with certain serious and violent felony convictions on their records,” explains attorney Peter Liss. Theoretically, the lengthy sentences should discourage people from committing these crimes and keep more dangerous criminals off the streets. However, in practice, the effectiveness of this law is debatable.2
“One undoubtable effect of the law is that it resulted in mass incarceration, leading to the dramatic overcrowding of the state prison system,” says Liss. In fact, before the dramatic 2012 revision of the law, 25% of the state’s inmates were serving time related to their strikes.3
A Brief History of the Three Strikes Law
California has changed significantly since it first enacted the Three Strikes Law —and so has the law itself. It was first enacted in 1994, partially as a response to high-profile crimes by repeat offenders, most notably the murders of Kimber Reynolds and Polly Klaas.4
When the law first took effect, anyone who received two strikes on their criminal record would automatically be sentenced to life imprisonment for any additional felony, no matter how minor the crime. In fact, some people were sentenced to life after simply committing a non-violent grand theft offense.
Proposition 36: The Dramatic Reform of 2012
In the 2012 election, voters overwhelmingly passed Prop 36, a reform measure designed to alleviate the increasing overcrowding in state prisons. Before the measure took effect, state prisons were 180% over capacity, prompting a three-judge panel to rule that the state must take action to address the issue.5
The proposed reforms, which passed by a large majority, required the final strike to be a violent or serious crime —unless one of the first two strikes was for rape, murder, child molestation, or carrying a firearm while committing a felony.
The 2012 change also allowed those already convicted under the Three Strikes Law to appeal for resentencing if their convictions would not meet the updated law. Over 3,000 prison inmates were eligible to petition for a reduced sentence or to be released based on time served.
How Three Strikes Sentencing Works
The penalties for strikes vary depending on how many strikes an offender already has on their record.
Penalties for a First Strike
A first strike is handled the same as any other offense, with sentencing based on the crime itself and no enhancements. However, a strike will be added to the defendant’s criminal record that can be applied to future sentencing.
For violent crimes, offenders must serve at least 85% of their sentence before they are eligible for parole.
Second Strike Penalties in California
When a defendant receives a second strike, their sentence is automatically doubled, and they must serve at least 80% of the sentence to become eligible for parole (or 85% for violent crimes).
What Happens When a Third Strike is Not a Serious or Violent Crime?
“Because a true ‘third strike’ must be a serious or violent offense,” explains Liss, “third felonies that are not serious or violent are treated like a second strike —unless one of the first two strikes was for rape, murder, child molestation, or a felony with a firearm.”
Life Sentencing for a Third Strike
If a third strike is a serious or violent felony (or one of the prior strikes was for rape, murder, child molestation, or a felony involving a firearm), defendants face life imprisonment. Those sentenced to life imprisonment under the law can become eligible for parole after 25 years.
What Offenses Qualify as Strikes?
When drafting the law, the state legislature specifically defined which crimes are considered a “strike.” Some of the most common strikes include:
Convictions for attempted crimes can also count as strikes if that type of offense would otherwise be a strikeable offense.
If you have been accused of any of these offenses, you must work with a defense attorney experienced in representing clients in three-strike cases. This is the best way to protect yourself from these severe consequences.
How a Vista Three Strikes Lawyer Can Help
There are many ways defense attorney Peter Liss may help clients in San Diego County fight these charges. Each case is unique, but fighting the underlying charges is often a good way to avoid penalties for a three-strikes crime.
“In previous cases, I have been able to help my clients avoid a second or third strike conviction by ‘charge bargaining‘ the accusations to offenses that are not strikes,” explains Liss. Additionally, defense attorneys can sometimes help convince a judge to ignore prior strikes for sentencing purposes, which is known as “striking a strike.”
About Attorney Peter Liss
Peter M. Liss (State Bar #111128) is a Vista criminal defense lawyer with over 40 years of experience fighting all types of misdemeanor and felony charges in San Diego County. He has successfully represented many clients facing charges under the Three Strikes Law, including a third strike.
Experience You Can Trust
With a law degree from the top-ranked University of California, Berkeley, Mr. Liss has been practicing law since 1983. He opened his private practice in 1998, after serving as the Assistant Supervising Public Defender at the San Diego County Public Defender’s Office in Vista.
Learn more about Peter Liss’ experience here.
What Clients Say
Peter Liss’ clients have the highest praise for his services. He has near-perfect ratings on Google, Yelp, Martindale, and AVVO.
Convenience and Reliability
Thanks to his 24/7 answering service, Mr. Liss is always available to clients, providing quick, courteous callbacks. His Vista office has free parking and is right across the street from the Vista courthouse and jail. He accepts all major credit cards.
Affordability Without Compromise
Fight for your freedom without draining your wallet! Peter Liss offers affordable rates and accepts all major credit cards.
Call Today
If you have any questions about the Three Strikes Law or have been charged with a crime that may be a strike, please contact Attorney Peter M. Liss by calling (760) 643-4050 to schedule a free initial consultation.
I’m available, let’s talkFrequently Asked Questions About The Three Strikes Law of California
Is it Possible to Avoid Life Imprisonment After a Third Strike?
Yes. For one thing, a third strike must be for a violent or serious felony. Even in those cases, a skilled defense attorney can sometimes convince a judge to “strike” one of the previous strikes on your record.
Can a Prior Strike be Removed?
Once a strike is on your record, it will stay there, but either a judge or the District Attorney can agree to strike a strike. If the judge does it, it is called a Romero Motion and requires extensive briefing by your three-strikes lawyer. When determining whether to strike a strike, the judge will consider the specific circumstances, the rest of your criminal record, your age at the time of the offense, and more. Even if the strike is ignored, it will remain on your record and still count against you if you are charged with any felony in the future.
Can You Get 2 or 3 Strikes At Once?
No. hile courts previously allowed offenders to be sentenced to multiple strikes for a single crime if they were charged with more than one strikeable offense, the California Supreme Court ruled in 2014 that only one strike could be applied for a single act.
Can Teens Have a Strike Added to Their Record?
Sometimes, juveniles can have a strike added to their record, but only if the crime was a violent or serious felony and the minor was 16 or older at the time. A teen does not need to be charged in adult court to have a strike added to their record.
Can Prior Offenses from Other States Count as Strikes?
If an offense would have counted as a strike under 667 (PC), the conviction still counts as a strike for future offenses in California. A defense attorney may help you fight the application of the out-of-state conviction as a strike.
Legal References
- Penal Code 667 (PC) (California Legislative Information) ↩︎
- A Primer: Three Strikes – The Impact After More Than a Decade (Legislative Analyst’s Office) ↩︎
- Prison Overcrowding in California as a Result of the Three Strikes Law (California State University, Bakersfield) ↩︎
- Two Torn Families Show Flip Side Of 3 Strikes Law (NPR) ↩︎
- Tim Rutten: A Prison System we Deserve (LA Times) ↩︎
