What Felonies Count As “Strikes” for California’s Three Strikes Law?

California’s Three Strikes Law is a sentencing scheme that can lead to a prison sentence of 25 years to life for individuals who are convicted of three violent or serious felonies. Each conviction for one of these crimes is considered a strike. A person can receive two or more strikes in a single proceeding if they are convicted of multiple serious or violent felonies.

Violent and serious felonies are defined under California’s penal code. A violent felony includes crimes such as:

  • Murder or voluntary manslaughter
  • Rape
  • Any felony punishable by death or a term of life in state prison
  • Any felony where great bodily harm is inflicted on another person
  • Arson
  • Attempted murder
  • Robbery
  • Kidnapping
  • Carjacking
  • Felony threats to victims or witnesses
  • Burglary in the first degree

Serious felonies include offenses such as:

  • Selling or giving certain narcotics to a minor
  • Assault with a deadly weapon on a peace officer
  • Grand theft involving a firearm
  • Throwing acid or flammable substances
  • Continuous sexual abuse of a child
  • Any felony punishable by death or a life sentence in state prison
  • Exploding a destructive device
  • Robbery or bank robbery
  • Intimidation of victims or witnesses

Out-of-state convictions can count as a strike, if the crime has all of the elements has all of the elements of a serious or violent felony in California. Some juvenile adjudications may also be considered a strike, if they are a serious or violent felony, and if the juvenile was at least 16 when the crime was committed.

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