California Three Strikes Defense Lawyer

California’s Three Strikes sentencing scheme is one of the most powerful and most misunderstood statutes in the state’s Penal Code. Even after several rounds of reform, a person with certain prior felony convictions can still face a life sentence for a relatively modest new offense. Understanding the current rules, the reforms that reshaped them, and the strategic tools available to the defense is essential for anyone charged with, or worried about, a qualifying felony in Los Angeles or anywhere in California. A knowledgeable California three-strikes defense lawyer can help you navigate these complexities and protect your future.

As former prosecutors who have handled thousands of felony cases, the attorneys at Kraut Law Group Criminal & DUI Lawyers bring both courtroom experience and insider knowledge to every Three Strikes matter we defend. This page distills that experience into plain-language guidance you can trust. This page distills that experience into plain-language guidance you can trust, grounded in a deep understanding of the Los Angeles criminal process.

How California’s Three Strikes Sentencing Works Today

Second and Third Strike Sentences: How Penalties Are Calculated

• Second Strike: One prior “strike” combined with any new felony means the sentence for the new felony is automatically doubled.
• Third Strike: Two or more prior strikes followed by a new felony that is itself “serious or violent” results in a sentence of 25 years to life in state prison, with at least 80 percent of the term served before parole eligibility.

Which Crimes Still Count as Strikes Under California Law?

Under Penal Code §§ 667 and 1170.12, a strike is generally any offense the legislature has labeled “serious” or “violent.” Common examples include:

• Murder under Penal Code § 187 or voluntary manslaughter under Penal Code § 192.
• Robbery under Penal Code § 211 (first- or second-degree)
• Residential burglary per Penal Code § 459
• Rape, sexual penetration by force, or child molestation – Penal Code § 261, et al.
• Arson causing great bodily injury (Penal Code § 451)
• Kidnapping (Penal Code § 207)
• Mayhem or aggravated mayhem (Penal Code § 203)
• Criminal threats (Penal Code § 422) and many domestic-violence felonies
• Intentional discharge of a firearm (Penal Code § 246.3)
• Any attempt to commit one of the above offenses – Penal Code § 664

Out-of-state convictions count if the elements would have been severe or violent had they occurred in California, and certain juvenile adjudications also count when the minor was 16 or older at the time of the act. A seasoned three strikes defense lawyer can assess whether these prior convictions truly qualify under California law.

Significant Changes to California’s Three Strikes Law: Prop 36, Prop 47, and More

• Proposition 36 (2012): The Three Strikes Reform Act. After voters approved Prop 36, a third-strike life sentence now requires that the new (“triggering”) felony be serious or violent. Proposition 36 established a resentencing procedure for thousands who were already serving life terms for nonviolent third-strike offenses, provided that a judge determines it will not compromise public safety.
• Proposition 47 (2014): Reclassifying Low-Level Felonies. Prop 47 reduced many drug-possession and petty-theft-type felonies to misdemeanors, allowing qualifying defendants to avoid strike exposure altogether or petition for retroactive relief if they had already been sentenced. The measure slashed state prison and jail populations and shifted resources toward treatment and prevention.
• Ongoing Legislative Attention. Lawmakers continue to introduce bills aimed at fine-tuning Three Strikes to balance accountability and fairness. Periodic ballot initiatives attempt to expand or contract strike-based enhancements, so staying current is critical; what was a non-strike today could become a strike tomorrow (and vice versa).

How Strike Allegations Are Handled in California Courts

When prosecutors file a felony complaint or indictment, they may add “prior strike” enhancements in a separate pleading. This turns an ordinary sentencing range into a far more severe exposure. Common procedural stages include:

• Arraignment: The strike priors are read or waived; the defendant is asked to admit or deny them.
• Preliminary Hearing / Grand Jury: Proof of the current felony is tested, but strike priors often remain undecided.
• Pretrial Motion Practice: Certified transcripts, conviction abstracts, and plea forms become critical exhibits.
• Jury (or Bench) Trial on Priors: If the defendant denies the priors, the prosecution must prove them beyond a reasonable doubt.

Because a single document error can invalidate a strike allegation, meticulous document examination is one of the most effective defense tools. An experienced three-strikes defense lawyer in Los Angeles will know how to scrutinize these records to uncover errors that can weaken the prosecution’s case.

How to Defend Against a Three Strikes Allegation in CaliforniaCan You Beat the New Felony Charge to Avoid Strike Consequences?

• Casting reasonable doubt on identity, intent, or element-specific proof can render the strike exposure entirely null and void.
• Negotiating a plea to a non-strike wobbler (e.g., Penal Code § 459.5 shoplifting) can neutralize the enhancement.

How to Challenge Prior Convictions in a Three Strikes Case

• Demonstrating that an out-of-state prior does not match California’s elements for seriousness or violence.
• Arguing that plea colloquies or docket records are insufficiently reliable to prove a strike beyond a reasonable doubt.

These strategies are essential tools in the arsenal of an experienced three-strike defense lawyer, especially when facing enhancements that could result in life imprisonment.

What Is a Romero Motion and When Can You Use It?

Named after a landmark California Supreme Court decision, a Romero motion asks the trial judge to “strike the strike” in the interests of justice. Persuasive factors often include:

• Nature of the Current Offense: Nonviolent, minor property, or drug-oriented felonies weigh in favor of dismissal.
• Time Since Priors: Long crime-free intervals, successful rehabilitation, or advanced age reduce the need for incapacitation.
• Personal Mitigation: Documented mental-health treatment, military service, or addiction recovery efforts can shift the equities.
• Disproportionate Sentence: A life term for a low-level offense offends principles of proportionality and can motivate judicial relief.

Alternatives to Prison and Hidden Effects of a Three Strikes Sentence

Even when a strike enhancement sticks, creative advocacy can secure:

• In-custody rehabilitation credits to accelerate parole eligibility.
• Residential treatment instead of incarceration for drug-driven crimes.
• Deferred entry of judgment or mental-health diversion programs that, if completed, can dismiss or reduce charges.

Frequently Asked Questions About California’s Three Strikes LawWhy You Need a Specialized Three Strikes Defense Attorney

When your freedom depends on dismantling a Three Strikes allegation, generic criminal defense is not enough. Kraut Law Group Criminal & DUI Lawyers offers:

• Prosecutorial Insight: Lead attorney Michael Kraut served for more than 14 years as a Deputy District Attorney, giving our firm an insider’s grasp of the charging calculus behind strike enhancements.
• Courtroom Credibility: Judges and DA offices across Los Angeles County recognize our meticulous preparation and ethical advocacy, credibility that often translates into better negotiations.
• 24/7 Accessibility: Clients and families speak directly with an attorney, not an answering service, whenever an emergency arises.
• Comprehensive Support: From skilled investigators to expert forensic consultants, we marshal the resources needed to challenge every piece of the state’s puzzle.

Take Action Now to Protect Your Rights.

A Three Strikes filing does not automatically equal a life sentence. Deadlines, however, move quickly, and every day without experienced counsel can close strategic doors. If you or a loved one is facing a strike allegation, contact us immediately to schedule a confidential consultation with a former prosecutor who understands both sides of the courtroom. Contact us today through our secure online form and receive a complimentary initial consultation.

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