San Diego Three Strikes Law
California’s “Three Strikes” sentencing law is one of the harshest and most misunderstood criminal justice policies in the country. Originally passed in the 1990s, the law was designed to impose increasingly severe prison terms on people convicted of multiple serious or violent felonies. But over the years, it’s led to disproportionately long sentences, even for offenses that don’t seem to warrant them.
If you or someone you love is facing charges and has a prior strike—or two—on their record, the stakes are high. The difference between a standard sentence and a Three Strikes sentence can mean years or even decades of additional prison time. At the Law Office of Anthony Z. Vargas, Esq., we take strike cases seriously. Anthony draws on his background as a former Public Defender and an experienced San Diego criminal defense lawyer to build strong defenses, fight strike enhancements, and pursue every opportunity to keep clients out of prison.
How the Three Strikes Law Works
The original version of California’s Three Strikes Law required a sentence of 25 years to life for any third felony if the person had two prior “strike” convictions. Even a relatively minor felony—like shoplifting or drug possession—could trigger a life sentence if it followed two qualifying priors.
Thanks to voter-approved reforms, including Proposition 36 in 2012, the law has become more limited, but it can still have serious consequences. Today, here’s how it generally works:
- If you have one prior strike and are convicted of a new felony, your sentence is doubled.
- If you have two prior strikes and are convicted of a new serious or violent felony, you face a mandatory sentence of 25 years to life.
- The law applies only to serious or violent felonies as defined in the California Penal Code—offenses like robbery, residential burglary, assault with a deadly weapon, certain sex crimes, and homicide.
Even under the revised law, courts have limited discretion, and prosecutors still pursue strike enhancements aggressively in many cases.
What Counts as a Strike?
Strike offenses include most serious or violent felonies under California law. Some of the most common strike priors include:
- Robbery
- Residential burglary
- Assault with a deadly weapon
- Arson
- Certain drug trafficking offenses
- Rape and other forcible sex crimes
- Any felony in which the defendant personally used a firearm
- Homicide and attempted murder
Juvenile adjudications can also count as strikes in some situations if the offense was committed at age 16 or older and meets other criteria.
If you’re not sure whether a prior conviction counts as a strike, it’s critical to speak with a lawyer who can carefully review the record and, if possible, challenge its classification.
Fighting a Strike Allegation in San Diego
If you’re charged with a new felony and the prosecution alleges one or more prior strikes, your attorney can take several approaches to fight the enhancement, including:
- Challenge the validity of the prior strike—was it really a qualifying offense?
- Argue for dismissal of the strike under People v. Superior Court (Romero), which allows a judge to strike a prior “in the interest of justice”
- Negotiate for a plea to a non-strike offense or one that doesn’t trigger the enhancement
- Take the case to trial and fight both the current charge and the strike allegation
Anthony Vargas has handled strike cases and knows the law and how it is applied in San Diego County. He understands what prosecutors look for, how judges evaluate Romero motions, and how to shape a defense strategy that puts you in the best possible position. His goal is always to minimize your exposure and protect your future.
Romero Motions: Asking the Court to Dismiss a Strike
Under California law, the judge has discretion to dismiss a prior strike if doing so is in the interest of justice. This is known as a Romero motion, named after a 1996 California Supreme Court case. It’s a powerful tool, but one that requires careful preparation and a persuasive argument.
When considering a Romero motion, the court will look at the nature and seriousness of the current offense, the details and age of the prior strike(s), the defendant’s overall criminal history, and the defendant’s personal background, rehabilitation efforts, and other mitigating factors.
Anthony has successfully prepared Romero motions for clients facing strike enhancements. He knows how to present a compelling picture of who you are—not just the charges you’re facing—and how to convince a judge that a reduced sentence is more just.
Three Strikes and Your Freedom
Few laws have more life-altering consequences than the Three Strikes Law. A single prior conviction from years ago can suddenly become the reason you’re facing decades behind bars. But with the right legal strategy, it may be possible to avoid those extreme outcomes.
If you’re dealing with a case involving strike priors—or if a loved one is already serving a Three Strikes sentence and may be eligible for relief—it’s time to speak with an experienced San Diego defense lawyer. At the Law Office of Anthony Z. Vargas, Esq., we believe in second chances, individualized justice, and putting people, not just their records, at the center of the case.
If you are facing a first, second, or third strike offense in San Diego County, call San Diego criminal defense attorney Anthony Z. Vargas today. Anthony will explain where you stand, what options are available, and how he can help you fight for your future.