California Three Strikes Law

In 1994, the California Legislature made history when they enacted the "Three Strikes Law," thereby creating one of the harshest sentencing schemes in the country for all repeat felony offenders who committed serious or violent offenses after June 30, 1993.

 

Later, in 2000, the California Legislature enacted Proposition 21, which changed the Three Strikes Law, and expanded the definition of a strike for certain offenses committed after March 8, 2000. This expansion included new offenses, such as assault with a deadly weapon or force likely to create great bodily injury, witness intimidation and shooting a firearm from a vehicle.

 

The Three Strikes Law is an alternative sentencing scheme for repeat offenders which states that if someone commits any felony after he or she has been previously convicted of one serious or violent felony, then the Court must sentence the person to twice the normal amount of prison time and the person must serve at least 80 percent of the sentence. The Court is prohibited from granting probation or diversion, which means that the person absolutely must serve state prison time.

 

If someone has previously been convicted of two or more serious or violent felonies, then he or she is to be sentenced to life in prison with the possibility of parole.

 

What defines a serious or violent felony, under the Three Strikes sentencing scheme, is defined in California Penal Code 667.5(c) and 1192.7(c). Serious and Violent felonies include crimes such as murder, rape, oral copulation by force, lewd or lascivious act with a minor, robbery, carjacking, assault with a deadly weapon, arson, and/or any offense where the defendant allegedly inflicted great bodily injury or harm on another person.

 

As of January 1, 2007, there are approximately 41,220 second and third "strikers" in the California Department of Corrections (CDC).

 

Murder or manslaughter.

Mayhem.

Rape by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.

Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.

Lewd act on a child.

Any felony punishable by death or life sentence.

Any felony resulting in great bodily injury or in which a firearm was used.

Robbery of an inhabited dwelling, vessel or trailer coach in which a deadly or dangerous weapon was used.

Arson that causes great bodily injury.

Penetration by a foreign object.

Attempted murder.

Explosion with intent to commit murder.

Out-of-state kidnapping transported to California.

Continuous sexual abuse of a child.

Murder or involuntary manslaughter.

Mayhem.

Sodomy by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.

Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.

Lewd or lascivious act on a child under the age of 14 years.

Any felony pubishable by death or imprisonment for life.

Any other felony in which the defendant personally inflicts great bodily injury on any person or personally uses a firearm.

Attempted murder.

Assault with intent to commit rape or robbery.

Assault with a deadly weapon or instrument on a peace officer.

Assault by a life prisoner on a non-inmate.

Assault with a deadly weapon by an inmate.

Arson.

Exploding a destructive device or any explosive with intent to injure.

Exploding a destructive device or any explosive causing great bodily injury or mayhem.

Exploding a destructive device or any explosive with intent to murder.

Burglary of an inhabited dwelling, house or trailer coach as defined by the Vehicle Code or inhabited portion of any other building.

Robbery or bank robbery.

Kidnapping.

Holding of a hostage by a person confined in a state prison.

Attempt to commit a felony punishable by death or life imprisonment.

Any felony in which the defendant personally used a dangerous or deadly weapon selling, furnishing, administering, giving or offering to sell, furnish administer or give to a minor, heroin, cocaine, phencyclidine (PCP), a methamphetamine-related drug, or a presursor of mehtamphetamine.

Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.

Grand theft involving a firearm.

Any attempt to commit a crime listed in this subdivision other than an assault.

Continuous sexual abuse of a child.