The California Three Strikes Law is one of the state’s toughest sentencing laws, designed to impose harsher penalties on repeat offenders. If you’ve been convicted of one or more felonies, understanding how this law works is critical to protecting your future.
In the video below, criminal defense attorney Sina Mohajer breaks down what qualifies as a “strike,” how prior convictions can impact your current case, and how recent updates like Proposition 36 have changed sentencing outcomes. We’ll also discuss key defense strategies, such as filing a Romero motion to strike prior convictions, and common mistakes that can make your situation worse.
Transcript:
Strike one. Strike two. Strike three. In California, there’s a three strikes law. But what do you need to know in order to protect your future in today’s day, 2025? In this video, we’re going to talk about what the California three strikes law is, how it applies in today’s day of 2025, how to protect yourself under the three strikes law, as well as some common mistakes to avoid.
For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Criminal Defense, Estate Planning, and Personal Injury.
In these videos, I like to tackle complex legal issues and try to simplify them for our viewers in order to give you the knowledge and understanding to deal with your case on your own. So if you like what you hear today, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. Without further ado, I welcome you to our mini-series called A Walk in the Park.
What Is California’s Three Strikes Law?
So what is California’s three strikes law? Well, it’s defined under the California Penal Code 667, which imposes a harsher sentence to repeat felony offenders, causing your third strike to impose a sentence of 25 years to life imprisonment.
What Is a Strikeable Offense?
But what is considered a strikeable offense? A strikeable offense is any serious felony or a violent felony. Examples of those would be murder, robbery, or even some sex crimes.
However, I have seen the third felony, even minor felonies, trigger that life imprisonment sentence when prior strikes exist. So it’s really important that you handle your case efficiently and understand the nuances of the third strike law in California.
How Does the Three Strikes Law Apply in 2025?
But how does the three strikes law apply in today’s day of 2025? Well, when you have two prior strikes of serious or violent felonies, any third felony would constitute as a strike, therefore imposing that more severe sentence.
However, in 2012, Proposition 36 was passed, which constitutes that the third felony must be a violent or serious felony in order for it to count as your third strike. But there are older cases that may still apply. It’s important to also note that courts generally have the inherent power to strike or do away with your prior two strikes when dealing with the current charge pending.
How Do You Protect Yourself Under the Three Strikes Law?
So how do you protect yourself under the three strikes law?
Hire a Good Defense Attorney
Number one is you hire a good defense attorney. With a seasoned criminal defense attorney, we may file what’s called a Romero motion, which allows a judge to strike or do away with the prior strikes and not constitute this third felony as your third strike.
Have Prior Strikes Classified Correctly
Also, it’s important to ensure that the classification of your prior strikes was true and correct. A lot of times when a felony conviction is had and people sign a plea bargain, it doesn’t set forth whether it constitutes as a strike or not. By reviewing your criminal record, we can see whether it was classified correctly or not in order to determine if this particular pending charge is going to be your third strike.
Negotiate During the Plea Bargaining Stage
Lastly, it’s important to negotiate during the plea bargaining stage. During the plea bargaining stage, we can negotiate that this offense is going to be constituted as a non-strikeable offense. Therefore, the imposition of that 25 years to life imprisonment is not enforced.
Common Mistakes to Avoid
But what are some common mistakes to avoid?
Not Disclosing Prior Felony Charges to Your Attorney
Number one is not disclosing your prior felony charges. Yes, when you retain an attorney, we have the ability to go into your record to see what other priors you have, but not all records are always disclosed to us when we do that initial search. So it’s important to disclose to your attorney whether you had prior charges, if they were felony or serious or violent in nature.
Missing Court Dates
Number two is never miss any court date. We are limited to when we can file that Romero motion. If we miss our deadline, we could be prevented from filing it, and now we’re stuck with your two prior strikes and dealing with the pending charge possibly being your third strike that leads to 25 years to life.
Waiting to Hire an Attorney
Lastly is not hiring an attorney timely. This is a very common mistake I see because a lot of people go with a public defender. Sure, it’s free, but they don’t pull their weight. They don’t do what’s necessary, and then they come to my office to retain, and now I’ve missed my deadlines or missed the ability to negotiate fairly and in good faith with the district attorney. So that’s another common mistake I see.
Contact Mohajer Law Firm If You’re Facing the Three Strikes Law
In this video, we talked about what the three strikes law in California is, how it applies in today’s day of 2025, how to protect yourself under the law, and some common mistakes to avoid. So if you liked what you heard in today’s video, please hit that like button and don’t forget to subscribe, as I mentioned earlier, so you’re always informed of any new videos being posted.