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.