The Attorney To Turn To When Things Get Tough

How “three strikes” law impacts sentencing for repeat offenders

On Behalf of | Mar 17, 2025 | Criminal Defense |

California’s “three strikes” law significantly increases penalties for repeat offenders. First enacted in 1994, the law aimed to keep violent criminals off the streets. It imposes harsher sentences on individuals convicted of multiple serious or violent felonies. Over time, lawmakers have revised the law to address concerns about fairness and excessive punishment.

Increased penalties for repeat offenders

Under the original law, a person convicted of a second serious or violent felony received a sentence twice as long as the standard term. A third felony conviction resulted in a mandatory life sentence with a minimum of 25 years before parole eligibility. This applied even if the third offense was not violent, leading to concerns about overly harsh punishments.

Changes to the law

In 2012, California voters passed Proposition 36, which modified the three strikes law. Under the revised version, a third strike must be a serious or violent felony to trigger a life sentence. This change reduced the number of nonviolent offenders receiving life terms. Courts also gained the ability to reconsider past sentences for inmates convicted under the original law.

Impact on sentencing and prison populations

The three strikes law contributed to a rise in California’s prison population by keeping repeat offenders incarcerated for longer periods. After the 2012 reform, many inmates serving life sentences for nonviolent crimes became eligible for resentencing. This helped reduce overcrowding in state prisons and allowed courts to focus on truly dangerous offenders.

Legal defenses for repeat offenders

Individuals facing charges under the three strikes law may challenge their classification as a repeat offender. A strong defense strategy can argue that a prior conviction does not qualify as a strike or seek sentence reductions based on mitigating factors. Legal representation plays a crucial role in protecting the rights of defendants and ensuring fair sentencing.