SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Three Strikes and Strike Offense Defense in San Bernardino
A strike allegation can double a prison term or turn a felony case into a life sentence. Understand how California’s Three Strikes law works before you make any decision about your case.
What makes an offense a strike in California.
California’s Three Strikes law appears in two nearly parallel statutes: Penal Code sections 667(b)–(j) and 1170.12. A “strike” is a prior conviction for a felony listed as serious in section 1192.7(c) or violent in section 667.5(c). Those lists include offenses such as robbery, first degree burglary, criminal threats, many assaults with a deadly weapon, and any felony in which the person personally inflicted great bodily injury or personally used a firearm.
A strike can arise in two ways in the same case. A current serious or violent felony conviction becomes a strike that counts in any future case. And a prior strike, if the prosecution pleads and proves it, changes the sentence for the new felony. Out-of-state convictions can count when the offense includes all the elements of a California serious or violent felony. Some juvenile adjudications count as well, but only when specific conditions are met, including that the minor was at least 16.
How prior strikes change a sentence.
Second strike
With one prior strike, the term for any new felony, not only a serious or violent one, is doubled. Prison conduct credits are limited to one-fifth of the total term, and the person must be sentenced to prison rather than granted probation.
Third strike
With two or more prior strikes, the law calls for an indeterminate life term with a minimum of at least 25 years. Since voters passed Proposition 36 in November 2012 (not the 2024 measure with the same number), that life term generally applies only when the current felony is also serious or violent. If it is not, the person is sentenced as a second-strike case unless the prosecution pleads and proves a listed exception, such as being armed with a firearm or deadly weapon during the offense, certain drug and sex offenses, or certain disqualifying prior convictions.
A separate five-year enhancement under section 667(a) can apply when a person convicted of a serious felony has a prior serious felony conviction.
California Penal Code sections behind strike cases.
| Code section | Why it matters |
|---|---|
| Penal Code § 667 | Subdivisions (b)–(j) set out the Three Strikes rules: what counts as a prior strike, doubled second-strike terms, third-strike life terms and their 2012 limits, and the credit cap. Subdivision (a) adds a five-year serious felony prior enhancement. |
| Penal Code § 1170.12 | The voter-approved version of the Three Strikes law, with sentencing rules that closely track section 667. |
| Penal Code § 1192.7(c) | Lists the “serious” felonies that count as strikes, including robbery, first degree burglary, criminal threats, and felonies involving personal use of a firearm or deadly weapon. |
| Penal Code § 667.5(c) | Lists the “violent” felonies, including robbery, carjacking, and felonies with a great bodily injury or firearm-use enhancement found true. |
| Penal Code § 1385 | Allows a judge to dismiss in the furtherance of justice. It is the basis for a Romero motion to dismiss a prior strike allegation. |
| Penal Code § 1170.126 | The Proposition 36 (2012) resentencing petition for some people serving third-strike life terms for an offense that was not serious or violent. Late petitions require good cause. |
Whether a particular prior qualifies depends on the exact statute, the record of conviction, and the date of the offense. A felony prior is not automatically a strike.
Ways a strike allegation can be challenged.
A strike case calls for close attention to the current charge and to every prior conviction the prosecution alleges. Depending on the record, a defense may focus on:
- Whether the alleged prior is actually a serious or violent felony under the law that applies, especially for out-of-state, juvenile, or older convictions.
- Whether the prosecution can prove the prior with the available records.
- Whether the current charge is itself serious or violent, which matters greatly under the 2012 third-strike changes.
- A request that the court dismiss a prior strike in the furtherance of justice under Penal Code section 1385, commonly called a Romero motion. Courts look at the current and prior offenses and the person’s background, character, and prospects.
- The strength of the evidence on the current charge, including search and seizure issues under section 1538.5.
The prosecutor may also move to dismiss a strike allegation in the furtherance of justice or for insufficient evidence. None of these options is automatic. Each depends on the facts and the record.
Strike cases in San Bernardino County courts.
Felony cases in the San Bernardino area are generally heard at the San Bernardino Justice Center, 247 W 3rd St, and are prosecuted by the San Bernardino County District Attorney. After an arrest and booking, often at the Central Detention Center or West Valley Detention Center, the first court date is the arraignment. Strike priors are typically alleged in the complaint, and they can affect bail arguments and plea discussions from the start. A preliminary hearing follows in felony cases unless it is waived. Court information is available from the San Bernardino Superior Court.
James M. Glick has practiced criminal defense since 1974, and about 99% of his cases are in San Bernardino County.
Common Three Strikes questions
What crimes are strikes in California?
A strike is a conviction for a felony listed as serious in Penal Code section 1192.7(c) or violent in section 667.5(c). Examples include murder, robbery, first degree burglary, criminal threats, many assaults with a deadly weapon, and felonies where great bodily injury was personally inflicted or a firearm was personally used. Many felonies are not strikes, so the specific statute matters.
Does a third strike always mean 25 years to life?
No. Since Proposition 36 of 2012, a third-strike life term generally requires that the current felony also be serious or violent. If it is not, the case is usually sentenced as a second strike unless the prosecution pleads and proves a listed exception, such as being armed with a firearm or deadly weapon, or certain disqualifying prior convictions.
What is a Romero motion?
A Romero motion asks the judge to dismiss one or more prior strike allegations in the furtherance of justice under Penal Code section 1385. The court considers the nature of the current and prior offenses and the person’s background, character, and prospects. It is a discretionary request, not a right to a particular result, and it must be supported by the record.
Can an old conviction or juvenile case count as a strike?
Possibly. California’s Three Strikes law has no general time limit on prior strikes, so an older serious or violent felony can count. A juvenile adjudication counts only if specific conditions are met, including that the minor was 16 or older and the offense falls in a listed category. Out-of-state convictions count only if they include every element of a California strike offense.
What happens at a felony arraignment in San Bernardino?
At arraignment, you are formally advised of the charges and any strike or enhancement allegations, counsel is addressed, a plea is entered, and custody or bail is considered. In felony cases, the next major step is usually a preliminary hearing, where a judge decides whether the evidence is enough to hold the case for trial. Bring all court paperwork to your first meeting with counsel.
A strike allegation deserves a careful look at the record.
Tell the office about the current charge, any prior cases, and your next court date. Call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.