A strike on your record can double your sentence or trigger a term of 25 years to life. If you face a strike allegation in Los Angeles, your freedom is on the line right now. At William S. Kroger Criminal Defense Attorney at Law, our Los Angeles Three Strikes lawyer fights to keep prior convictions from controlling your future.
We challenge whether your priors qualify, push to reduce current charges, and ask the court to strike old convictions. California's sentencing laws are harsh, but a strike allegation is not a conviction. Call (323) 655-5700 for a free case evaluation. The sooner we review your record, the more options we have to protect your liberty.
A strike case is not the place for a general practitioner. You need a defense team that has spent years inside Los Angeles County courtrooms.
Our firm has defended people accused of crimes since 1997, and we have never worked for the prosecution. We have never put anyone behind bars. That single focus shapes how we approach every strike allegation: We question the prosecution's evidence at every turn.
Strike cases turn on the details of your prior record. Our attorneys obtain the full court files behind each alleged prior and test whether it legally qualifies as a strike. Many priors do not survive that review.
We also handle the full range of charges that can trigger a strike, from drug offenses to violent felony allegations in state and federal court. Our admission in more than 15 federal jurisdictions reflects the reach of that experience.
When enhanced penalties are on the table, preparation wins cases. We build each defense to challenge the current charge, the prior strikes, and the sentence the prosecution wants to impose.
Every case deserves
a strong defense
California's Three Strikes Law increases prison sentences for people with prior serious or violent felony convictions. It appears in two parallel statutes, Penal Code section 667 and Penal Code section 1170.12.
Lawmakers passed the first version in 1994. Voters approved a near-identical version the same year through Proposition 184. Courts apply whichever statute produces the harsher result.
The law works on an escalating scale. One prior strike doubles the sentence for any new felony. Two or more prior strikes can trigger a term of 25 years to life.
A "strike" is a prior conviction that California classifies as a serious or violent felony. Once you have one or more strikes, every new felony charge carries the risk of a sharply longer sentence.
In 2012, voters reformed the law through Proposition 36, the Three Strikes Reform Act. The reform narrowed the third strike so that, in most cases, the new felony must itself be serious or violent before a life sentence applies.
The law also adds a separate 5-year enhancement for each prior serious felony conviction under Penal Code section 667(a). These enhancements stack on top of the strike sentence.
A strike allegation does not have to be the end of your case. It does mean the stakes are higher, and it changes how a defense must be built from the first court date.
Not every felony is a strike. California limits strikes to two categories of crime, and the difference controls your sentencing exposure.
Violent felonies are listed under Penal Code section 667.5(c). These crimes always count as strikes. The list includes offenses such as:
Serious felonies are listed under Penal Code section 1192.7(c). This list is broader and includes every violent felony plus additional crimes, such as:
A prior counts as a strike even if it happened 10, 15, or 20 years ago. There is no expiration date.
Out-of-state convictions can also count if the offense includes all the elements of a California strike. A juvenile adjudication can qualify as well when the minor was at least 16 and the offense meets specific conditions.
Because the lists are long and technical, the question of whether a prior truly qualifies is often where a strike case is won or lost.
The penalties under California's Three Strikes Law are among the most severe in the country. They depend on how many prior strikes you carry.
Second strike. If you have one prior strike and you are convicted of any new felony, the court doubles the sentence for that felony. A charge that normally carries 2 to 4 years can suddenly carry 4 to 8.
Third strike. If you have two or more prior strikes, a qualifying new felony can bring an indeterminate term of 25 years to life. The minimum term is the greater of 25 years or three times the sentence for the new offense.
The consequences do not stop at the sentence length. People sentenced under the Three Strikes Law lose access to many of the custody credits that normally shorten time served.
Under Penal Code section 2933.1 and related rules, second and third strikers must serve at least 80 percent of their sentence. For violent felonies, that figure rises to 85 percent.
Strike sentences are also frequently served consecutively rather than at the same time. Each of these rules pushes the real time behind bars higher, which is why early defense work matters so much.
A strike allegation is a claim, not a verdict. Our team attacks it from several directions at once.
First, we challenge whether each prior actually qualifies as a strike. Prosecutors sometimes allege strikes based on arrest records or incomplete files. When the real conviction was for a reduced or non-strike offense, that prior should not count.
We also file what is known as a Romero motion. Under Penal Code section 1385, a judge has the power to dismiss a prior strike in the interest of justice. We present the full picture of your life, your record, and your current case to argue that the strike should be set aside.
Another path is to fight the current charge down to a non-strike offense. Many California felonies are "wobblers" that can be reduced to misdemeanors. A reduced charge can remove the strike exposure entirely.
For people already serving a third-strike sentence, the Three Strikes Reform Act may offer relief. Penal Code section 1170.126 lets certain inmates petition for resentencing when their third strike was not a serious or violent felony.
Of course, the strongest defense is often a direct challenge to the new charge itself. If the prosecution cannot prove the current felony, the strike enhancement never applies.
We combine these strategies based on the facts of your record. No two strike cases are the same, and the defense has to fit yours.
Most criminal cases in Los Angeles County move through the Los Angeles County Superior Court. Strike allegations raise the stakes at every stage of that process.
The exposure begins at arraignment, when the prosecution files its charges and any strike allegations. From there, pretrial hearings shape what evidence comes in and whether the priors will hold up.
Our attorneys appear in these courtrooms regularly. We use that day-to-day experience to read how local prosecutors and judges handle strike cases, and to time motions like a Romero motion for the best effect.
Early intervention carries the most weight. The sooner we engage, the more room we have to negotiate, challenge a prior, or push the charge below strike level before positions harden.
Yes. California's Three Strikes Law has no time limit on prior strikes. A serious or violent felony from decades ago can still be used to enhance your current sentence. The age of the prior does not erase it, but it can support a Romero motion asking the court to set the strike aside.
Often, yes. A judge can dismiss a prior strike in the interest of justice through a Romero motion under Penal Code section 1385. We can also fight to reduce the current charge to a non-strike offense or challenge whether the prior qualifies at all. Each path can lower or remove the enhancement.
No. After Proposition 36 passed in 2012, a third strike usually triggers a life sentence only when the new felony is itself serious or violent. When the new offense is non-serious and non-violent, many defendants avoid the 25-to-life term. Certain aggravating factors can still bring a life sentence.
Yes, both can. A juvenile adjudication can count when the minor was at least 16 and the offense meets specific legal conditions. An out-of-state conviction counts if it includes all the elements of a California serious or violent felony. We review these priors closely, because they are often open to challenge.
A strike allegation can reshape the rest of your life, but it does not have to. With the right defense, priors can be challenged, charges can be reduced, and sentences can be cut.
At William S. Kroger Criminal Defense Attorney at Law, we defend people facing strike allegations throughout Los Angeles and Southern California. Attorney William S. Kroger and our team bring decades of defense-only experience to every case.
Do not wait for the prosecution to set the terms. Call our Los Angeles Three Strikes lawyer today at (323) 655-5700 for a free case evaluation, or reach us through our contact page. The earlier we start, the harder we can fight for your freedom.
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This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
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