Practice area – Strike Priors
Facing a Three Strikes case in Riverside County?
Two-strike sentences double the time. Three-strike sentences mean 25 to life. There are also paths to challenge or remove prior strikes – if you know where to look.
Available 24/7
What you’re facing
California’s Three Strikes Law is one of the harshest sentencing schemes in the country. A strike is a prior conviction for a Serious Felony (PC 1192.7) or Violent Felony (PC 667.5). If you have ONE strike prior, any new felony is sentenced at DOUBLE the base term. If you have TWO strike priors and pick up a third serious or violent felony, the sentence is 25 years to life – effectively life in prison. Prop 36 reforms (2012) require the third strike to itself be serious or violent in most cases, but the exposure is still extreme.
Defenses I build
Strike priors are challengeable on multiple fronts. I file Romero motions to ask the court to STRIKE a strike – based on remoteness of the prior, the nature of the current offense, and the defendant’s background. I file petitions under PC 1170.18 (Prop 47 retroactive reduction), PC 1170.95 (felony murder), and PC 1473.7 (vacating a prior conviction). I also review whether prior strikes were actually proper strike convictions – many old priors do not meet current strike criteria when properly examined.
Strike Priors Case Results
Charged With
Grand Theft Auto + Drug Sales + Strike Prior
Outcome
Drug Rehab Program
Strikes – Riverside Co.
Charged With
Kidnapping, DV, ADW, Great Bodily Injury, 3 Strikes – Facing life
Outcome
Time Served, No Probation
Strikes – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
Strikes – Riverside Co.
Common Questions
What counts as a strike under California law?
A strike is any prior conviction for a Serious Felony (PC 1192.7) or Violent Felony (PC 667.5). The list includes murder, attempted murder, ADW, robbery, residential burglary, certain sex crimes, and any felony where great bodily injury or a firearm was used. The full list is long and technical, and many priors that look like strikes are actually challengeable.
Can old strike convictions be removed?
Sometimes, yes. Prop 47 reduced many drug and theft felonies to misdemeanors, including retroactively. PC 1170.95 and 1473.7 allow vacating certain felony murder and immigration-affected convictions. A successful petition can eliminate a strike entirely.
What is a Romero motion?
A Romero motion (from People v. Romero, 1996) asks the sentencing judge to STRIKE a prior strike for purposes of the Three Strikes Law, effectively treating the case as if the prior strike does not exist for sentencing. Judges have wide discretion to grant Romero motions based on remoteness of the prior, the nature of the current offense, and the defendant’s history.
How Strikes Work and How to Challenge Them
Strikes are the single most consequential feature of California sentencing. Below are the categories and the available challenges.
Serious Felony Strikes (PC 1192.7)
Murder, attempted murder, robbery, ADW, kidnapping, residential burglary, and others.
Violent Felony Strikes (PC 667.5)
Murder, mayhem, rape, sodomy, sex crimes with minors, GBI, and others.
One Strike Prior + New Felony
Any new felony is sentenced at DOUBLE the base term.
Two Strike Priors + New Felony
25 to life (if third is also strike-eligible under Prop 36).
Romero Motion
Court strikes a prior for sentencing purposes. Wide judicial discretion.
PC 1170.18 (Prop 47 Retro)
Retroactive felony reduction for drug and theft offenses.
PC 1170.95 (SB 1437)
Vacating felony murder convictions for non-killers.
PC 1473.7
Vacating convictions affected by immigration consequences.
Habeas Corpus
Constitutional challenges to the underlying prior conviction.
Romero Motions and Strike Removal Strategy
The Romero motion is the most common tool for limiting strike exposure. Judges weigh:
- Remoteness of the prior conviction (10+ years old often favors removal)
- Nature and seriousness of the current offense
- Defendant’s background, character, and prospects
- Whether the strike accurately reflects an aggressive criminal history
- The interests of justice
A well-built Romero motion changes sentencing outcomes more than almost any other criminal procedure. If you have strike priors, the defense strategy starts with the strike, not the new charge.
