the Three Strikes Law in California

How the Three Strikes Law Works

When defendants receive a second strike, they automatically have their sentence doubled. A defendant is required to serve at least 80% of the sentence before they are eligible for parole. For violent crimes, offenders must serve at least 85% of their sentence before being paroled. Defendants with two prior strikes will face a sentence of 25 years to life in prison (for a third serious or violent felony).

Sometimes juveniles can receive a strike under the law, but this policy only applies if the crime was a violent or serious felony committed when the minor was 16 or older. It is worth mentioning that a teen does not need to be charged in adult court to have a strike added to their record if they are convicted.

For crimes that occur out of the state, if the offense would have counted as a strike under California law, it still counts against you if you face charges for a future strikeable offense —even if the conviction was struck from your record under that state’s laws. But your three strikes defense attorney in San Diego may help you fight the application of the out-of-state conviction as a strike.

Changes to the Three Strikes Law

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 they committed, no matter how minor the crime. In fact, some people were sentenced to life after simply committing a non-violent grand theft offense.

In the 2012 election, voters overwhelmingly supported Prop 36 in California. This revision required the final strike to be a violent or serious crime unless one of a person’s first two strikes was for rape, murder, child molestation, or carrying a firearm while committing a felony.

This change also allowed those already convicted under the three strikes law to appeal for resentencing if their conviction would not meet the revised version of the law. Over 3,000 prison inmates were eligible to petition for a reduced sentence or to be released based on time served.

Can You be Paroled if You are Convicted Under the Three Strikes Law?

Yes, depending on how many offenses are on your record and whether the offense is a violent felony. Violent felonies require you to serve 85% of your sentence before you can be paroled. For a second strike, you must serve 80% of your sentence before qualifying for parole, whereas you would usually only need to serve 50% of the sentence. After a third strike, you must serve 80% of the 25 years of a life sentence before becoming eligible for parole. Of course, the parole board can still deny parole, which is why conviction of a third strike could potentially leave you behind bars for life —this is why it’s known as a life sentence.