California's "Three Strikes" law, formally known as Penal Code Section 667, is one of the most stringent laws in the state and significantly impacts those convicted of felonies. Enacted in 1994, the law was designed to tackle habitual offenders by imposing severe penalties for repeat convictions. 
While the law was introduced to deter repeat offenders, it has sparked controversy due to its application to nonviolent crimes and its drastic consequences. Whether you face potential charges or want to understand the full impact of this law, this blog post will guide you through all you need to know about California's Three Strikes Law.

What is the Three Strikes Law?

California's Three Strikes Law operates on a simple principle: individuals convicted of three serious or violent felonies face a mandatory sentence of 25 years to life in prison. The law was created to target repeat offenders and reduce crime by locking away habitual criminals. 
However, the law applies not only to violent crimes but to any felony that qualifies as serious or violent under the law. While it aimed initially to remove the most dangerous criminals from society, critics argue that it is disproportionately applied to nonviolent offenders and leads to unnecessarily harsh penalties.

How Does the Three Strikes Law Operate?

Under California Penal Code Section 667, individuals who have been convicted of two prior serious or violent felonies will face harsher penalties for any subsequent felony conviction. The law requires that a third conviction results in a life sentence. Here's how it works:

First Strike:
The first conviction must be for a serious or violent felony, such as murder, rape and sexual assault, robbery, or kidnapping. Upon conviction for such a felony, an offender receives their first strike.

Second Strike:
If an individual is convicted of a second serious or violent felony, the penalty for the new crime is automatically doubled. For instance, if the regular sentence for a crime is five years, a second strike would mean a ten-year sentence.

Third Strike:
Once an individual accumulates two prior strikes, any new felony conviction (even if it's for a minor offense) triggers the third strike. This results in a mandatory life sentence, with the possibility of parole after 25 years. In some cases, an individual may be sentenced to life without the possibility of parole if the third conviction is particularly severe, such as for murder or a violent sex crime.

What Types of Crimes Count as Strikes?

A strike is essentially a conviction for a serious or violent felony. California law clearly defines what qualifies as a strike, including the following:

• Violent felonies: These are offenses that entail physical harm or the threat of harm to other people. Examples include murder, attempted murder, rape, robbery, arson, kidnapping, and carjacking.
• Serious felonies: These include certain violent crimes, as well as other severe crimes like first-degree burglary, assault with a deadly weapon, and certain sexual offenses.

Notably, California's Three Strikes Law does not apply to all felonies. For example, drug possession charges typically don't qualify as strikes unless there are aggravating circumstances involved.

Exceptions to the Law

Although the Three Strikes Law is rigid in many respects, there are some exceptions. For example, Proposition 36, passed in 2012, reformed the law to limit the third strike rule. Specifically, individuals convicted of a third felony that is neither serious nor violent may petition for a reduced sentence. However, such petitions are not automatic and require approval by the court.

What Are the Consequences of a Third Strike?

For individuals facing a third strike, the consequences are severe. The law mandates a sentence of 25 years to life, and the defendant is typically not qualified for parole until serving at least 25 years in prison. In certain circumstances, the defendant may be denied parole altogether.

Additional consequences include:

• Prolonged prison time: The mandatory life sentence means the offender could spend the rest of their life incarcerated, with limited opportunities for parole or early release.
• Family and community impact: The law disproportionately affects families, particularly when nonviolent offenders face life sentences for relatively minor offenses. Many critics argue that this leads to devastating social consequences.
• Limited parole opportunities: While some individuals sentenced under the Three Strikes Law may be eligible for parole, the parole board tends to be highly conservative, making it difficult for offenders to gain early release.

Legal Challenges to the Three Strikes Law

The Three Strikes Law has been challenged on various grounds, with some arguing that it amounts to "cruel and unusual punishment," especially for minor crimes. Critics assert that the law contributes to prison overcrowding and disproportionately affects minorities and low-income individuals. In some cases, offenders have received life sentences for nonviolent crimes such as shoplifting or possession of drugs.
In response to these concerns, Proposition 36, which was enacted in 2012, made significant changes to the law by limiting the application of the third strike rule. Specifically, it ensures that only serious or violent offenses qualify as third strikes, thus reducing the number of people receiving life sentences for minor offenses.

How Can One Defend Against a Three Strikes Charge?

A competent criminal defense lawyer is vital for those facing Three Strikes charges. There are several defense strategies that can be used to challenge these charges:

• Romero Motion: An experienced lawyer can file a motion asking the judge to dismiss one or more prior strikes, arguing that the defendant should not be classified as a habitual offender. This motion is often successful when the prior strikes are old and the defendant's current crime is relatively minor.
• Negotiation of Lesser Charges: In some cases, a defense lawyer may be able to negotiate a plea deal that lessens the severity of the charges, thus avoiding the application of the Three Strikes Law.
• Appealing Prior Convictions: A lawyer may also seek to appeal prior convictions that may no longer qualify as strikes under current law, potentially reducing the severity of the sentence.

Alternatives to the Three Strikes Law

Although the Three Strikes Law was designed to reduce recidivism and protect the public, it has raised significant concerns about its fairness and effectiveness. Many believe that the law disproportionately targets certain groups and places too much emphasis on punitive measures rather than rehabilitation.
Some proposed alternatives to the Three Strikes Law include:

• Diversion programs for people suffering with mental health or substance abuse issues.
• Revised sentencing laws that ensure sentences are proportionate to the crime, particularly for nonviolent offenses.
• Restorative justice initiatives that focus on rehabilitation and reintegration rather than lengthy prison sentences.

These alternatives aim to offer a more balanced approach to criminal justice, focusing on reducing recidivism and providing offenders with opportunities to rehabilitate.

Seeking Help from a Criminal Defense Law Firm in California

California's Three Strikes Law is one of the most powerful sentencing tools in the state. While its goal is to reduce repeat offenses and increase public safety, it has sparked significant controversy due to its potential for severe consequences, especially in cases involving nonviolent offenses. If you or a loved one is facing charges under the Three Strikes Law, it is essential to consult with an experienced criminal defense law firm in California to explore your legal options.
At Bulldog Law, we understand the complexities of the Three Strikes Law and the high stakes involved. Our criminal defense attorneys are committed to providing aggressive and strategic defense, working tirelessly to protect your rights and future. Whether you are facing a third strike charge or seeking to challenge prior convictions, Bulldog Law is here to help.