California’s Three Strikes Law (Penal Code § 667)

Accused of a Strike Offense in California? Your Entire Future Could Be on the Line.

California’s Three Strikes Law under Penal Code § 667 is one of the most punitive sentencing schemes in the nation. Originally enacted in the 1990s as part of a “tough on crime” movement, this law can lead to life sentences for repeat felony offenders—sometimes for offenses that don’t seem like they should carry such harsh penalties.

Although voters approved some reforms in recent years, the Three Strikes Law remains one of the most serious legal threats for people with prior convictions. If you’re facing a new felony charge and have one or more prior strike offenses, you could be looking at decades in prison—or life behind bars.

At The Nieves Law Firm, we fight to challenge prior strikes, reduce charges, and file Romero motions to remove prior strike allegations where appropriate. Here’s what you need to know about the law, its impact, and how to protect yourself or a loved one.

What is California’s Three Strikes Law?

Under Penal Code § 667, California’s Three Strikes Law requires enhanced prison sentences for people who have been previously convicted of certain serious or violent felonies. These enhanced penalties apply if you’re later convicted of any new felony.

The law applies in escalating ways:

One Prior Strike

If you have one prior serious or violent felony conviction, and you’re convicted of a new felony (strike or non-strike), your sentence can be doubled.

Two Prior Strikes

If you have two prior strike convictions and are convicted of a third felony, you may face 25 years to life in prison—even if the third offense isn’t violent.

This is where the law gets its name: three strikes and you’re out.

What Counts as a “Strike” Offense?

Strike offenses are defined under two statutes:

• Violent felonies (Penal Code § 667.5(c))
• Serious felonies (Penal Code § 1192.7(c))

These include:

• Murder or attempted murder
• Rape
• Robbery
• Kidnapping
• Residential burglary
• Carjacking
• Assault with a deadly weapon
• Criminal threats
• Arson
• Certain sex offenses involving minors
• Use of a firearm in the commission of a felony

Even nonviolent offenses, like criminal threats, can count as strikes if they fall under these definitions. Some juvenile offenses also qualify if they occurred when the person was at least 16 years old and meet certain criteria.

Example: How the Law Can Lead to Life in Prison

Imagine Joe was convicted of two robberies in his early 20s, both strike offenses. Years later, he turns his life around and gets a steady job. But during a workplace argument, Joe makes a serious threat to harm his manager. He’s charged with criminal threats under Penal Code § 422.

Even though no physical harm occurred, this new felony is classified as a strike offense. Because Joe already has two prior strikes, he now faces 25 years to life in prison under the Three Strikes Law.

This example shows:

1. Strikes stay with you for life, no matter how long ago they occurred
2. Not all strike offenses are intuitive, even a threat can trigger a life sentence

Sentencing Enhancements Under Penal Code § 667

Under the Three Strikes Law:

One Prior Strike:

• Your sentence is doubled
• No eligibility for probation
• Must serve at least 80% of the sentence (limited credit for good behavior)

Two Prior Strikes:

• Indeterminate life sentence
• Minimum term = 25 years, or 3x the base term, or the sentence under Section 1170, whichever is greatest
• Ineligible for parole until the minimum term is served

Key Provisions to Know

No Time Limit on Prior Strikes

There’s no statute of limitations—even a strike from 20 or 30 years ago counts.

Out-of-State Convictions

Felony convictions from other jurisdictions can count if they include all the same elements as a California strike offense.

No Early Release

Individuals sentenced under the Three Strikes Law receive fewer credits for good behavior. Typically, they must serve at least 80–85% of their sentence.

Romero Motions: Asking the Court to “Strike the Strike”

California courts have the discretion to dismiss a prior strike conviction in the interests of justice under People v. Superior Court (Romero). This is called a Romero motion.

Factors the Court Considers:

• How long ago the prior convictions occurred
• The nature of the current offense
• The defendant’s progress and rehabilitation
• Family support, employment, or education
• Whether the prior offenses involved violence

Successfully arguing a Romero motion can prevent a life sentence and make the difference between justice and a devastating outcome.

Common Defenses Against Strike Enhancements

The Prior Conviction Doesn’t Qualify as a Strike

We may challenge whether the prior conviction fits the legal definition of a serious or violent felony.

Romero Motion Filed in Interest of Justice

We may petition the judge to strike one or more prior strikes, especially when they’re old or unrelated.

The Current Offense Is Not a Felony

We may negotiate the current charge down to a misdemeanor, avoiding the Three Strikes Law entirely.

The Defendant Was a Juvenile

In some cases, juvenile adjudications may not qualify, especially if the juvenile was under 16 or the offense isn’t listed in Welfare & Institutions Code § 707(b).

What Most People Get Wrong About the Three Strikes Law

“My Strikes Are from Years Ago, They Don’t Count”

Wrong. There’s no time limit. A strike from 30 years ago still enhances your current sentence.

“Only Violent Crimes Count”

Wrong. Many nonviolent felonies, like criminal threats or residential burglary, count as strikes.

“I’ll Get Parole Before the 25 Years Is Up”

Wrong. Under a third strike, you typically serve 25 years minimum before you’re eligible for parole.

“There’s Nothing I Can Do About My Prior Strikes”

Wrong. You may be eligible for a Romero motion, plea deal, or charge reduction that helps avoid a strike sentence.

FAQs About California’s Three Strikes Law

Can a juvenile offense count as a strike?

Yes, if the offense was committed at age 16 or older and qualifies under Section 707(b) of the Welfare & Institutions Code.

What if I have two strikes, but my new felony isn’t serious or violent?

Thanks to Proposition 36, you may not face a life sentence unless the new felony involves violence, firearms, drugs, or sexual offenses, or your prior strikes include murder, child molestation, or other extreme felonies.

Can the prosecutor dismiss a strike?

Yes, but only in limited circumstances, and usually only through a Romero motion or if evidence is lacking.

Can strikes be removed from my record?

Unfortunately, strike convictions cannot be expunged in most cases, but you may be eligible for relief under Romero or other post-conviction options.

What if my strike was from another state?

It may still count if the out-of-state offense contains all the legal elements of a California serious or violent felony.

Charged With a Strike Offense? Don’t Face the Three Strikes Law Alone.

If you or someone you love is facing a third strike or is charged with a new felony after past convictions, your freedom is on the line. Don’t gamble with your future. The Nieves Law Firm has deep experience challenging strike allegations, negotiating favorable outcomes, and filing Romero motions that give people a second chance.

Contact us today for a confidential consultation. Our attorneys will review your record, assess your eligibility for strike relief, and build the strongest possible defense.