the Three Strikes Law in California

What is the Three Strikes Law?

To put it simply, the three strikes law (sometimes written as the “3 strikes law”) is a piece of legislation in California that requires mandatory sentence increases for those with certain serious and violent felony convictions on their records. In theory, these lengthy sentences should discourage people from committing these crimes and keep more violent criminals off the streets, though in practice the effectiveness of this law is debatable.

One undoubtable effect of these laws is the fact that it has resulted in the mass incarceration of Californians and the dramatic overcrowding of the state prison system. In fact, prior to a major revision of the law in 2012, as many as 25% of the state’s inmates were serving time as a result of the law.

What Crimes Fall Under the Three Strikes Law?

One of the most common questions people ask about this law is “what are considered strikeable offenses in California?” At its most basic, a strike can be any violent or serious felony. That includes serious sex crimes such as child molestation or rape and violent crimes such as battery with serious bodily injury, robbery or kidnapping. Additionally, many non-violent crimes with a gang enhancement can also be considered a strike, such as vandalism or drug sales.

While the third strike must generally be a violent or serious felony as well, this is not the case if one of the first two strikes was for rape, murder, child molestation or a felony committed with a firearm. In these rare circumstances, the third strike can be for any felony.

California’s three strikes law has specifically define what is or is not a strike, so whether something is a violent felony or a serious felony is not up to the judge, but has been predetermined by the legislature. Some of the crimes that are considered strikes include, but is not limited to:

• kidnapping
• murder
• battery with serious bodily injury
• robbery
• assault with a deadly weapon
• terrorist threats
• rape
• child molestation
• forcible penetration with a foreign object
• unlawful sodomy
• forced oral copulation
• human trafficking
• any felony that carries a life sentence or the death penalty
• arson
• carjacking
• residential burglary
• mayhem
• domestic violence with great bodily injury
• drive by shootings
• gang crime-related felonies
• felony DUI with great bodily injury
• Any felony with personal infliction of great bodily injury

While strikes can arise from juvenile crimes, this will only happen if you were 16 or older at the time the crime took place. Attempted crimes for crimes that would otherwise be strikes can count as strikes as well.

Can Multiple Strikes Come From a Single Case?

Yes. If you had two strike-level offenses related to a single crime. That means any serious or violent felony in the future could leave you behind bars for the rest of your life. This is why it is so important to always work with a top violent crimes attorney, as he may be able to negotiate a plea bargain that leaves you with only one new strike on your record.

Are Juvenile Crimes Subject to This Law?

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

Can You Remove a Strike From Your Record?

Once a strike is on your record, it will stay there, but either a judge or DA 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 making the determination on whether or not to strike a strike, the judge will consider the circumstances around the strike, the rest of your criminal record, your age at the time of the offense and more. Even if the judge ignores your prior strike though, it will still remain on your record and count against you if you are charged with any felony in the future.