California’s Three Strikes law is one of the most severe sentencing systems in the country. Designed to target repeat offenders, it can lead to decades—or even life—in prison for individuals convicted of multiple serious or violent felonies. But many people facing a potential “third strike” don’t realize that the law allows room for legal strategy, negotiation, and even relief. At Simmons Wagner, LLP, we fight to challenge strike priors, reduce charges, and protect clients from unjustly harsh sentences.
How the Three Strikes Law Works
The Three Strikes law was originally enacted in the 1990s to deter repeat offenders from committing additional crimes. It increases penalties for defendants with prior convictions for certain serious or violent felonies.
Here’s how it works:
- First strike: A conviction for a qualifying serious or violent felony, such as robbery, assault with a deadly weapon, or certain sex crimes.
- Second strike: A new felony conviction after a prior “strike” doubles the potential prison sentence.
- Third strike: A third felony conviction—if the first two were qualifying strikes—can lead to a sentence of 25 years to life, even for a nonviolent or lesser offense.
Although the law has been reformed over time, including through Proposition 36 in 2012, its impact can still be devastating. Many defendants facing a third strike are at risk of spending the rest of their lives behind bars for crimes that might otherwise carry much shorter sentences.
What Counts as a “Strike”?
Not every felony is considered a strike. California’s Penal Code lists specific offenses that qualify as serious or violent, including:
- Murder, manslaughter, or attempted murder
- Rape and other forcible sex crimes
- Robbery or carjacking
- Arson
- Residential burglary
- Certain gun or weapon offenses
- Crimes involving great bodily injury
Even juvenile convictions can sometimes count as strikes, depending on the circumstances. Because the definitions are complex, an experienced attorney must review your criminal history carefully to determine whether a prior conviction truly qualifies.
How Simmons Wagner, LLP Challenges Strike Enhancements
A strike-based case isn’t hopeless. There are several proven strategies to reduce or eliminate the impact of prior convictions. At Simmons Wagner, LLP, our attorneys analyze every detail of your record, charging documents, and case history to pursue options such as:
- Filing a Romero motion: We can ask the judge to “strike a strike” under People v. Superior Court (Romero), removing a prior from consideration if it’s unjust or disproportionate.
- Challenging the validity of prior convictions: If a previous plea was entered without proper legal counsel or wasn’t a qualifying offense, it may be excluded.
- Negotiating reduced charges: Our team works to have current charges amended to non-strike offenses whenever possible.
- Arguing mitigating factors: We present evidence of rehabilitation, community involvement, and positive character to influence sentencing decisions.
The goal is always the same: to prevent a life sentence and secure a fair, proportionate outcome.
The Importance of Early Intervention
Once a case is charged as a potential “strike” offense, time becomes critical. Prosecutors move aggressively, and the legal process can quickly become overwhelming. The earlier you involve a defense attorney, the better your chances of negotiating effectively and preserving crucial evidence.
At Simmons Wagner, LLP, we act immediately to investigate your case, identify constitutional issues, and develop a tailored strategy for your defense. We also ensure that you understand every step of the process—because informed decisions can change the outcome of your case.
Fighting for Fair Sentencing and Second Chances
The Three Strikes law was intended to make California safer, but in practice, it has too often led to disproportionate punishment and overcrowded prisons. People deserve second chances, especially when their past mistakes don’t reflect who they are today.
Simmons Wagner, LLP believes in fighting for fairness and proportional justice. Whether you’re facing your first, second, or third strike, our experienced attorneys will work tirelessly to challenge enhancements, reduce penalties, and protect your future.
If you or a loved one is facing a Three Strikes case in California, contact Simmons Wagner, LLP today at (949) 439-5857 for a confidential consultation. We’ll review your record, explain your options, and begin building a defense that gives you the strongest chance at freedom.