California’s Three Strikes law is one of the most severe sentencing frameworks in the country. For defendants in Los Angeles facing criminal charges — especially those with prior convictions — understanding how this law works is critical. A third qualifying offense can result in a mandatory sentence of 25 years to life in prison, regardless of the nature of the current charge. That’s why early, experienced legal representation is essential.
What Is the Three Strikes Law?
California’s Three Strikes law was originally enacted in 1994 and has been modified over the years, most notably by Proposition 36 in 2012. At its core, the law imposes increasingly harsh sentences on defendants who have prior serious or violent felony convictions on their record.
A “strike” is defined as a conviction for a serious or violent felony as listed under California Penal Code sections 667.5 and 1192.7. These include crimes such as murder, rape, robbery, carjacking, and certain assault offenses, among others.
How the Strikes Stack Up
The law works in tiers. A defendant with one prior strike conviction who is convicted of any new felony faces double the standard sentence for that offense. A defendant with two prior strike convictions who is then convicted of any new felony — not just a serious or violent one — faces a mandatory minimum sentence of 25 years to life.
This is where the stakes become extraordinarily high. Even a non-violent third felony can trigger a life sentence if the defendant has two prior strikes on their record. Los Angeles prosecutors are known for aggressively pursuing strike enhancements, making it all the more important to challenge every aspect of your case.
Proposition 36 and Its Impact
Before 2012, California’s Three Strikes law required a life sentence for any third felony conviction, regardless of whether it was violent. Proposition 36 changed that, limiting the mandatory life sentence to cases where the third felony is itself serious or violent — with some exceptions. It also allowed certain individuals already serving life sentences under the old law to petition for resentencing.
While Proposition 36 softened some of the law’s harshest edges, it did not eliminate the serious risks facing defendants with prior strikes. There are still significant exceptions, and prosecutors retain discretion in how they pursue charges.
Challenging Prior Strikes
One of the most important — and often overlooked — aspects of Three Strikes defense is challenging whether prior convictions actually qualify as strikes. Not every felony conviction counts, and there are legal avenues to argue that a prior conviction should not be used to enhance a current sentence.
Courts also have the authority under what is known as a Romero motion to dismiss a strike in the interest of justice. This is not guaranteed, but a compelling argument — based on the nature of the prior offenses, the time elapsed, and the defendant’s history — can sometimes persuade a judge to exercise that discretion.
Why Legal Representation Matters So Much
When strike enhancements are on the table, the difference between a skilled defense and an inadequate one can mean the difference between a manageable sentence and spending the rest of your life in prison. At Simmons Wagner, LLP, we understand how California’s Three Strikes law operates and how to build a defense strategy that accounts for your full criminal history and the specific charges you’re facing.
If you are facing charges in Los Angeles and have prior felony convictions, do not wait. Contact Simmons Wagner, LLP at (949) 439-5857 to speak with a criminal defense attorney who can evaluate your case and begin building your defense today.