California’s Three Strikes Sentencing Law
June 11, 2026 | Nafiz M. Ahmed
California’s Three Strikes law is one of the most widely recognized repeat offender laws in the United States. It was created to significantly increase prison sentences for people who have prior “strike” convictions and are convicted of a new felony.
A prior strike conviction can substantially increase the penalties for a new felony conviction. For defendants and their families, understanding how the law works is essential for protecting their rights and their futures.
The Purpose of the Three Strikes Law
The goal behind California’s Three Strikes law is to discourage repeat serious and violent felonies by imposing harsher punishments for anyone who breaks the law again and already has a dangerous criminal record. It was intended to hold career criminals and violent offenders accountable for continued criminal behavior by taking them out of the community for longer periods.
What Is a “Strike”?
A “strike” is a conviction for specific serious or violent felonies, not just any crime. The law carefully defines what types of convictions count as strikes. They include:
- Serious felonies: These include robbery, residential burglary, certain types of serious assault, criminal threats, and other crimes that carry increased danger for victims and the community.
- Violent felonies: Examples are murder, rape, certain serious sex crimes, carjacking, kidnapping, aggravated assaults, and related offenses.
- Some juvenile offenses: Juvenile offenses may qualify as prior strikes under certain conditions, especially if the juvenile was at least 16 and the offense mirrors a listed strike on the adult statute.
Not every felony counts as a strike. The criminal code lists in detail each “serious” and “violent” felony that adds a strike to your record.
Sentencing After One Strike
If a defendant has one prior strike on their record and is convicted of a new felony, the sentences are enhanced significantly compared to those of a first-time offender. Courts have the authority to double the prison sentence for the new felony conviction, even if the most recent crime isn’t “serious” or “violent.”
Sentencing With Two or More “Strikes”
When someone has two prior strike convictions and is convicted of another qualifying felony, the penalties can be even more severe. In some cases, California’s Three Strikes law allows a sentence of 25 years to life in prison if the new offense is a serious or violent felony or otherwise qualifies under state law.
Changes to California’s Three Strikes Law: People v. Shaw
In People v. Shaw, the California Supreme Court ruled that multiple strike convictions arising from a single criminal act generally count as only one strike for purposes of California’s Three Strikes law. The court explained that the law is intended to punish repeat criminal conduct occurring over time rather than impose multiple strikes based on a single act.
Can a Strike Be Dismissed?
One important question for people facing a potential Three Strikes sentence is whether a prior strike can be dismissed to reduce the penalties. In California, judges have some limited authority to do this in the interest of justice. This process is called filing a “Romero motion,” named after the California Supreme Court case, People v. Romero.
When a Romero motion is filed, the judge reviews whether keeping a prior strike would make punishment unreasonably harsh for the defendant, given the specific circumstances. Some factors courts can consider during this review include:
- The age of the strike conviction: Very old felony strike convictions might carry less weight, especially if there haven’t been recent offenses.
- Defendant’s criminal history: An otherwise clean record, or a demonstrated change in lifestyle, may support a dismissal.
- Nature of the current offense: Judges are more willing to strike a prior for a relatively minor new crime than for another crime of violence.
- Evidence of rehabilitation: Proof of steady employment, treatment programs, or positive community involvement since the strike can help.
The dismissal of a strike is never automatic, but it’s helpful to know that it can be an option.
Contact Ahmed & Sukaram, Criminal Defense Attorneys To Schedule a Confidential Consultation With a San Jose Criminal Defense Attorney
The consequences of California’s Three Strikes law can transform an ordinary criminal case into a matter of decades or even a lifetime in prison. If you or someone you care about is facing charges with prior convictions, getting accurate legal advice is critical for protecting your future.
For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500