Strike

A crime is a strike if it is either a “serious” or “violent” felony. California Three Strikes Law California’s Three Strikes Law, passed in 1994, is one the harshest sentencing schemes in the country. The sentencing initiative adds significant time to the prison sentences, including life terms, of repeat offenders convicted of certain felonies. From 1994 to 2012, a life sentence could be imposed on any offender with two or more prior serious or violent convictions who was convicted of a new felony. This changed with the passage of Proposition 36, which changed sentencing for offenders with multiple strikes. If a defendant is eligible for Prop 36 sentencing, they may be sentenced as though they had only one strike if the current offense is not serious or violent. Whether a defendant is eligible for Prop 36 sentencing depends on a multitude of factors and exceptions. Although known as the Three Strikes law, this law creates two separate sentencing schemes. The first, accurately called “Three Strikes,” imposes a life term on a defendant who has two or more prior strikes and whose new offense is “serious” or “violent.” The second scheme applies to a defendant convicted of a single prior strike; regardless of whether the new offense is serious or violent, that single strike doubles the sentence. This second scheme is often referred to as a “second strike” sentence. Under the 2012 revision, this second scheme also applies to most offenders with two or more strike convictions whose current offense is neither violent nor serious. Other limitations, such as mandatory prison sentences and limitations on credits, apply to both schemes.

What does it matter? The three strikes law is designed to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of one or more serious and/or violent felonies. The law targets not only “third” strikers but also “second” strikers. If a person is convicted of any felony and has one “strike” prior, that person must be sentenced to double the prison term on the current conviction. If a person is convicted of his or her third offense and that offense is also a “strike” offense, a 25-year-to-life prison sentence will automatically be imposed. However, if the third offense is not a strike offense, meaning the person only has two strike priors, the defendant will still face an enhanced sentence. The offender is subject to a sentence twice the normal term for the third offense. Essentially, they will be treated like a second striker. What crimes are considered a “strike” for purposes of the three strikes law? Under the Three Strikes Law, a crime is a strike if it is either a “serious” or “violent” felony. Under the California three strikes law, serious felonies are listed in Penal Code section 1192.7(c) (see article on “Serious Felonies”). Violent felonies are listed in Penal Code section 667.5(c) (see article on “Violent Felonies”).