Three Strikes
PEN § 667, 1170.12, etc., et. al, various – Felony
- Maximum fine: N/A
- Maximum term: 25 Years to Life, 80% served before parole
- Probation/parole at home eligible: N
- Community service eligible: N
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 • Certain significant gang-related offenses
The law targets “serious” or “violent” felonies under California Penal Code sections 667 and 1192.7. Offenses such as murder, rape, robbery, certain burglaries, and some crimes involving firearms count as strikes. Nonviolent or less serious felonies typically do not, unless aggravating circumstances apply. However, prosecutors have broad discretion to argue for a particular offense to be counted.
Which Crimes Count as a “Strike” Under California Law?
Not all felonies count as a strike under the three-strikes law in California. The law differentiates between “serious felonies” and “violent felonies.” Some of the crimes that count as strikes include:
Not every burglary or assault counts as a strike. For example, only residential (first-degree) burglary qualifies