Three Strikes and Habitual Offender Laws in California

How California law treats three strikes and habitual offender laws, from the state code and official state agencies.

Short answer: California's Three Strikes law applies when a person convicted of a felony has prior convictions for 'serious' or 'violent' felonies (listed in Penal Code 1192.7(c) and 667.5(c)) that are pled and proved. Cal. Penal Code 667(a), (b)-(e) (also enacted by initiative as Penal Code 1170.12)

Three strikes and habitual offender laws	California's Three Strikes law applies when a person convicted of a felony has prior convictions for 'serious' or 'violent' felonies (listed in Penal Code 1192.7(c) and 667.5(c)) that are pled and proved. With one prior strike, the prison term for the new felony is doubled. With two or more prior strikes, the sentence is an indeterminate term of life imprisonment with a minimum term of the greatest of three times the normal term, 25 years, or the term the court would otherwise impose with enhancements. If the new felony is not itself serious or violent, a third-strike defendant gets the doubled 'second strike' term instead of 25-to-life unless the prosecution proves a listed exception (for example certain drug-weight allegations, felony sex offenses requiring registration, or use of or arming with a firearm). Separately, each prior serious felony adds a five-year enhancement when the new conviction is also a serious felony. Under 667(c), probation is barred and credits are limited to one-fifth of the term for strike defendants. Section 1170.12 (the initiative version) was not separately read. Source: Cal. Penal Code 667(a), (b)-(e) (also enacted by initiative as Penal Code 1170.12)

Three strikes and habitual offender laws

California's Three Strikes law applies when a person convicted of a felony has prior convictions for 'serious' or 'violent' felonies (listed in Penal Code 1192.7(c) and 667.5(c)) that are pled and proved. With one prior strike, the prison term for the new felony is doubled. With two or more prior strikes, the sentence is an indeterminate term of life imprisonment with a minimum term of the greatest of three times the normal term, 25 years, or the term the court would otherwise impose with enhancements. If the new felony is not itself serious or violent, a third-strike defendant gets the doubled 'second strike' term instead of 25-to-life unless the prosecution proves a listed exception (for example certain drug-weight allegations, felony sex offenses requiring registration, or use of or arming with a firearm). Separately, each prior serious felony adds a five-year enhancement when the new conviction is also a serious felony.

Under 667(c), probation is barred and credits are limited to one-fifth of the term for strike defendants. Section 1170.12 (the initiative version) was not separately read.

Source: Cal. Penal Code 667(a), (b)-(e) (also enacted by initiative as Penal Code 1170.12)

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FAQ

Does California have a three strikes law?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.