Three Strikes Defense Lawyer - Law Offices Of Justin E. Sterling

Being charged with a felony in California is always a serious matter. However, if you have one or more prior convictions, the stakes are even higher under the state’s Three Strikes Law. A third felony conviction can lead to a mandatory sentence of 25 years to life.

The Law Offices of Justin E. Sterling has successfully represented clients facing potential third-strike sentences across Southern California. As a seasoned Three Strikes defense attorney with over two decades of criminal trial experience, Justin E. Sterling provides strong and strategic representation. Our firm knows how to challenge prior strikes, negotiate reduced charges, and file Romero motions to have strikes dismissed.

What Is California’s Three Strikes Law?

The California Three Strikes Law was originally enacted in 1994 through Proposition 184. It’s designed to punish people who have been convicted of serious or violent felonies more harshly if they commit additional crimes.

If you have one prior serious or violent felony conviction, your new felony sentence can be doubled. If you have two prior strikes and are convicted of a third serious or violent felony, you could face a mandatory sentence of 25 years to life in prison.

In 2012, Proposition 36 made some changes to the law by limiting life sentences to cases where the third offense is also serious or violent. It also created a way for some people already serving long sentences to apply for resentencing. Despite these reforms, the law is still very strict.

Because the Three Strikes Law can have such serious consequences, it’s important to work with a knowledgeable criminal defense attorney who understands these rules and can help protect your rights. Reach out to the Law Offices of Justin E. Sterling to learn more about your legal options.

Strike Offenses in California

The Three Strikes Law targets violent felonies and serious felonies, which are defined separately in California. Not every felony qualifies as a strike, only those outlined in the statutes.

Violent felonies cover offenses such as the following:

Murder or voluntary manslaughter
Rape and other sex offenses
Robbery
Arson
Extortion
Assault with a deadly weapon
Most felonies involving firearms
Anything punishable by the death penalty or life in prison

Serious felonies include crimes such as the following:

Murder or voluntary manslaughter
Mayhem
Rape
Certain sex crimes
Residential burglary
Certain types of assault
Some drug crimes
Kidnapping
Carjacking
Other offenses inflicting great bodily harm on others

These offenses carry increased penalties due to their severity and impact on public safety.

Furthermore, juvenile adjudications can count as strikes if the offense occurred after the individual’s 16th birthday and falls within the categories of serious or violent felonies. In other words, even a juvenile record can affect sentencing under the Three Strikes Law, just like adult convictions.

Recent legislative proposals, including AB 229 (2024) and AB 292 (2025), advocate for expanding the list of violent felonies. These bills would add crimes like certain forms of human trafficking, felony domestic violence, and additional sex offenses to the strike offense list.

It’s also important to note that “wobblers,” which are offenses that can be charged as either felonies or misdemeanors, may be considered in a Three Strikes determination. If a wobbler is reduced to a misdemeanor, it may no longer count as a strike, which can significantly affect the potential sentence. A skilled Three Strikes crime attorney can argue to reduce your charges from felonies to misdemeanors.

Sentencing Under the Three Strikes Law

When you’re convicted of a second-strike offense, the consequences are more severe. The base sentence for the new felony will be doubled. If there are multiple counts, you’ll receive mandatory consecutive sentences. In addition, second-strike offenders must serve at least 80 percent of their sentence due to limited good-time and work-time credits.

If you have a third strike, the penalties are even harsher. Under the current law, anyone convicted of a new serious or violent felony after two prior strikes faces 25 years to life. Before Proposition 36 passed in 2012, any felony (not necessarily serious or violent) could trigger this sentence.

Beyond prison time, these convictions carry collateral consequences. This can include hefty fines, restitution orders, and, for non-citizens, potential deportation risks. Many offenders face a lifetime parole period, sometimes referred to as a “parole tail,” which requires ongoing supervision after release. Given these severe and long-lasting effects, it is critical to work with an experienced Three Strikes defense attorney.

Defense Strategies in Three Strikes Cases

Your Three Strikes defense should consider both prior convictions and the current offense. One key strategy is attacking the prior offenses to prevent them from counting as strikes. This involves proving that a prior conviction does not qualify as a strike due to factors like:

Your age at the time of the offense
Differences in the prior conviction compared to strike offenses
Whether the prior offense was listed as a strike
Mismatches when the prior conviction comes from another state

Another important tool is filing a Romero motion. These motions ask the judge to dismiss one or more strikes “in the furtherance of justice.” This is based on the California Supreme Court decision People v. Superior Court (Romero) (1996). A successful Romero motion can significantly lower your potential sentencing.

When it comes to the new charge, your Three Strikes crime attorney may challenge the prosecution’s evidence on various fronts, including:

Contesting identification accuracy
Arguing that the elements of the offense have not been proven
Working with expert witnesses and investigators to uncover weaknesses
Negotiating plea deals to reduce charges to a non-strike wobbler or misdemeanor

Your attorney may also argue that a Three Strikes sentence violates the Eighth Amendment’s protection against cruel and unusual punishment or California’s own Constitutional clause on cruel or unusual punishment.

Why Choose the Law Offices of Justin E. Sterling?

With over two decades of focused criminal defense experience and more than 70 jury trials tried to verdict, the Law Offices of Justin E. Sterling is ready to provide a vigorous defense for your Three Strikes case. Justin E. Sterling’s long career as a former public defender and private criminal defense lawyer can leave you feeling confident that your Three Strikes case is in capable hands. Our firm intentionally limits its caseload to provide personalized, hands-on attention to each client.

Our comprehensive defense team includes in-house investigators, forensic consultants, and mitigation specialists who help us build powerful, tailored strategies for each case. We offer aggressive advocacy to achieve the best possible results.

Contact a Three Strikes Defense Attorney Today

If you’re facing charges under California’s Three Strikes Law, you need a skilled criminal defense attorney who understands the law and will fight aggressively for your future. The Law Offices of Justin E. Sterling offers the experience and resources you need to build a powerful, customized defense. Contact us today for a confidential and free consultation.