Strike Offenses in California – Understanding the Three Strikes Law

Overview

California’s “Three Strikes” law is one of the most significant sentencing enhancements in the state’s criminal justice system. A “strike offense” is a serious or violent felony that counts toward enhanced sentencing if a person is convicted of multiple crimes over time.

If someone has one prior strike, a new felony conviction can result in double the normal sentence. With two strikes, a third felony—even a non-violent one—can lead to a 25-to-life prison sentence.

At Jones Trial Attorneys, we aggressively fight to challenge, dismiss, or avoid strike priors, and where possible, file Romero motions to strike a strike in the interest of justice.

What Is a Strike Offense?

Strike offenses are defined under Penal Code § 667.5 (violent felonies) and Penal Code § 1192.7 (serious felonies). Common examples include:

• Murder or attempted murder

• Rape or sexual assault

• Robbery

• Residential burglary

• Assault with a deadly weapon

• Carjacking

• Certain gang-related offenses

• Felonies where a firearm or great bodily injury is involved

How the Three Strikes Law Works

1. First Strike: Conviction for a serious or violent felony

2. Second Strike: Any new felony = double the sentence

3. Third Strike: Any new felony = 25 years to life (in many cases)

Not all felonies trigger the third-strike sentence—Prop 36 (2012) limited life sentences to cases where the third felony is also serious or violent, or where certain exceptions apply (e.g., sex crimes, firearm use).

Romero Motions – Striking a Strike

Under People v. Superior Court (Romero), judges have the discretion to strike a prior strike if doing so is “in the interest of justice.” A successful Romero motion can:

• Prevent a life sentence

• Eliminate double-time sentencing

• Enable probation or alternative sentencing

Judges consider factors like:

• The age and nature of the prior strike

• The current offense

• The defendant’s history and rehabilitation

• The totality of the circumstances

Consequences of a Strike on Your Record

Even a single strike on your record can:

• Lead to enhanced penalties in future cases

• Disqualify you from diversion or probation

• Make it harder to seal or expunge your record

• Carry stigma in job and housing applications

That’s why our defense begins with challenging the strike’s validity, fighting to reduce charges, or resolving cases with non-strike outcomes.

How Jones Trial Attorneys Can Help

We have successfully defended clients facing strike enhancements by:

• Fighting the underlying charges

• Negotiating for non-strike alternatives

• Filing Romero motions to strike old priors

• Arguing sentencing factors to avoid harsh outcomes

💼 Free consultations

⚖️ Strike defense and Romero motion experience

📍 Based in San Diego and experienced with high-stakes felony litigation

Facing a Strike Charge? Let’s Fight Back.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.