Three Strikes Defense · Los Angeles County
California Three Strikes Lawyer
Strike Allegation Filed?
Romero motions. Prop 36 resentencing. Strike-prior dismissal.
Daniel S. RubinThree Strikes Defense Attorney
01 — Quick Facts
California Three Strikes — At a Glance
02 — The Law
How California's Three Strikes Law Works
California's Three Strikes Law, codified at PC §667(b)–(i) (opens in new tab) and PC §1170.12, imposes escalating prison terms for defendants with prior "strike" convictions. A strike is any serious felony under PC §1192.7(c) or violent felony under PC §667.5(c) — including assault with a deadly weapon, robbery, carjacking, residential burglary, and any felony causing great bodily injury.
Proposition 36 (2012) narrowed the third-strike trigger. Today, a third strike triggers 25-to-life only when the new felony is itself serious or violent, or the priors involve certain sex/gun offenses. Otherwise the sentence is doubled — still severe, but survivable.
03 — Penalties
Three Strikes Sentencing — What You Are Facing
| Strike Status | Statute | Sentence | Probation? | 85% Rule? | Romero Available? |
|---|---|---|---|---|---|
| First felony (no prior strike) | PC §1170(b) | Determinate triad | Sometimes | Only if violent | N/A |
| One strike prior | PC §667(e)(1) | Base term doubled | No | 80% credit cap | Yes |
| Two strike priors — serious/violent new felony | PC §667(e)(2) | 25 years to life | No | Yes | Yes |
| Two strike priors — non-serious new felony (post-Prop 36) | PC §1170.126 | Doubled (not 25-to-life) | No | Depends | Yes |
| Prior serious felony enhancement | PC §667(a) | +5 yrs per prior | No | — | Yes (after SB 1393) |
| Firearm enhancement | PC §12022.53 | +10 / 20 / 25-to-life | No | Yes | Yes (after SB 620) |
| Prop 36 resentencing | PC §1170.126 | Reduction from 25-to-life | — | — | N/A |
A well-supported Romero motion (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) permits the sentencing court to dismiss a strike prior "in the interest of justice." The Romero motion is the single most decisive filing in a strike case.
Additional Consequences Beyond the Courtroom
- 80% conduct-credit cap on second-strike sentences (PC §667(c)(5))
- 85% credit floor on violent-felony strikes (PC §2933.1)
- Loss of probation eligibility on nearly all strike cases
- Lifetime state and federal firearm ban
- Ineligible for many early-release and diversion programs
- Enhanced sentencing on any future felony
- Immigration: aggravated felony consequences
- Prop 36 post-conviction relief (§1170.126) for pre-2012 25-to-life sentences
04 — Defense Strategies
How We Attack Strike Allegations
Deny the Prior
The People must prove each prior beyond a reasonable doubt with admissible records.
- We challenge insufficient §969b packets and identity proof.
Attack the Prior's Validity
Constitutionally invalid pleas cannot be used to enhance.
- Old priors with defective plea colloquies can be stricken.
Reduce the New Charge
Wobbler charges reduced to misdemeanors are not strikes.
- §17(b) motions eliminate strike exposure at the front end.
Romero Motion
Judicial dismissal of a strike prior in furtherance of justice.
- Requires a detailed record of mitigation and remoteness.
Plea Structure
Negotiated resolutions structured to plead to non-strike counts while dismissing strike allegations.
Prop 36 Resentencing
Existing three-strike lifers eligible for resentencing when the third strike was neither serious nor violent.
05 — Possible Outcomes
Possible Outcomes in a Three-Strikes Case
Case Dismissed or Not Filed
The best possible outcome — no conviction, no record.
- Prior-strike validity challenges under People v. Guerrero
- Suppression that guts the current-case evidence
- PC §995 dismissal of the underlying triggering felony
Struck Priors & Non-Strike Plea
- Romero motion strikes prior strikes in the interest of justice
- Current felony reduced to misdemeanor via PC §17(b)
- Serious/violent classification dismissed under PC §1385
Minimized Sentence
If a conviction cannot be avoided, we fight for the lowest possible exposure.
- Second-strike instead of third-strike (25-to-life avoided)
- Concurrent instead of consecutive sentencing
- Custody-credit maximization under PC §2933
Post-Conviction Relief
- Prop 36 resentencing under PC §1170.126
- Prop 47 redesignation eliminating strike priors
- Franklin and youth-offender parole hearings under PC §3051
06 — Romero Motions
Dismissing Strike Priors Under People v. Romero
People v. Superior Court (Romero) (1996) 13 Cal.4th 497 confirmed a trial court's discretion under PC §1385 (opens in new tab) to dismiss strike priors "in furtherance of justice." A well-built Romero record shows remoteness of the prior, nature and circumstances of the new offense, the defendant's background and prospects, and rehabilitation.
Romero motions are won at sentencing but built at intake. We interview family, gather records, and prepare a mitigation packet the court cannot ignore.
07 — Prop 36 Relief
Resentencing Under PC §1170.126
Proposition 36 (2012) allows inmates serving 25-to-life for a non-serious, non-violent third strike to petition for resentencing under PC §1170.126 (opens in new tab). The court must resentence unless it finds an unreasonable risk of danger to public safety.
We evaluate eligibility, gather CDCR records, and litigate dangerousness — a fact-intensive hearing where mitigation and institutional conduct are decisive.
08 — Collateral Consequences
Beyond the Prison Sentence
- 80–85% conduct-credit rule on strike sentences (PC §2933.1)
- Lifetime firearm ban under state and federal law
- Immigration: aggravated felony consequences on most strikes
- Ineligibility for probation, PRCS, and split sentencing
- Registration obligations for sex or gang strikes
- Parole revocation exposure for life
- Housing, employment, and licensing bars indefinitely
- Loss of voting rights during incarceration
09 — FAQs
Three Strikes Law Questions — Los Angeles
What counts as a strike in California?
Any felony listed as a 'serious felony' under PC §1192.7(c) or 'violent felony' under PC §667.5(c). This includes murder, robbery, carjacking, residential burglary, assault with a deadly weapon, any felony with a firearm-use enhancement, and most sex offenses.
How many strikes trigger 25-to-life?
Two prior strike convictions plus a new felony conviction. After Proposition 36 (2012), the new felony must itself be serious or violent, or involve certain sex/gun priors, for 25-to-life to apply automatically.
Can a strike prior be dismissed?
Yes. Under People v. Romero (1996), trial courts have discretion under PC §1385 to dismiss strike priors in furtherance of justice. A well-supported Romero motion can eliminate strike exposure at sentencing.
Do juvenile adjudications count as strikes?
Yes, in limited circumstances. Certain enumerated juvenile adjudications under WIC §707(b) count as strikes if the minor was 16 or older and the offense qualifies as a serious or violent felony.
What is a wobbler and why does it matter?
A wobbler is a crime that can be filed as either a misdemeanor or a felony. When reduced to a misdemeanor under PC §17(b), it does not count as a strike — even if the underlying conduct would otherwise qualify.
Am I eligible for Prop 36 resentencing?
You may be eligible if you are serving 25-to-life under Three Strikes and your third strike was neither serious nor violent, and no disqualifying priors or aggravating facts apply. A PC §1170.126 petition triggers a resentencing hearing.
Do strike sentences allow half-time credits?
No. Under PC §2933.1, defendants convicted of violent felonies (including any strike) are limited to 15% conduct credits — meaning they serve at least 85% of the imposed prison term.
Does the strike stay on my record forever?
Yes. Strike priors do not 'wash out' with time. A 30-year-old strike still exposes you to doubled or 25-to-life sentencing on a new felony unless dismissed via Romero, invalidated on constitutional grounds, or the underlying conviction is vacated.