San Diego Three Strikes Attorney: Defending Your Rights and Freedom

Facing felony charges under California’s Three Strikes Law can lead to severe, life-altering penalties—including mandatory sentence doubling or 25-years-to-life in state prison. If you or a loved one has prior felony convictions and is facing new charges in San Diego County, immediate legal defense is critical.

At our San Diego criminal defense practice, we investigate prior records, negotiate with prosecutors, and file specialized motions (such as Romero Motions) to request that judges dismiss or "strike" prior strikes to protect your future.

Enacted in 1994 and later reformed by voters through Proposition 36, California’s Three Strikes law was designed to increase prison terms for repeat felony offenders.

While the original law penalizes repeat offenses, sentencing enhancements can often result in disproportionately harsh punishments for defendants who have made past mistakes. Navigating these complex sentencing guidelines requires an aggressive defense strategy tailored to San Diego courts.

Under California law (Penal Code § 667 and § 1170.12), the severity of your sentence depends directly on the number of prior "strike" convictions on your criminal record.

If you are convicted of a serious or violent felony, you receive your first "strike". While the punishment for this initial conviction follows standard statutory guidelines, the strike remains permanently on your adult record unless legally addressed.

If you are charged with any new felony while having one prior strike on your record, the consequences escalate immediately:

• Your prison sentence for the new crime is automatically doubled.
• You are required to serve a higher percentage of your sentence (typically 80% to 85%) before becoming eligible for release.

If you have two prior strikes and are convicted of a new serious or violent felony (or specific qualifying non-violent offenses), you face a mandatory sentence of 25 years to life in state prison.

Legal Note: Following Proposition 36 reforms, a third strike generally requires the new offense to be classified as a serious or violent felony to trigger the 25-to-life sentence, with specific exceptions for gun, sex, or severe drug offenses.

Under California Penal Code §§ 667.5(c) and 1192.7(c), specific crimes are designated as strike offenses. Common examples include:

• Murder, Attempted Murder, or Manslaughter
• Carjacking, Kidnapping, or Robbery
• Assault with a Deadly Weapon or assault on a peace officer
• Arson or detonating a destructive device causing bodily harm
• Rape, Forcible Sodomy, or Oral Copulation
• Lewd or Lascivious Acts on a child under 14
• First-Degree Residential Burglary
• Any felony involving a firearm resulting in great bodily injury or death

Having a strike on your record does not mean your fate is sealed. An experienced San Diego defense attorney can employ several legal tactics to mitigate or remove strike allegations:

1. Filing a Romero Motion: Requesting the court to "strike a prior strike" in the furtherance of justice under California Penal Code § 1385.
2. Reducing Felonies to Misdemeanors: Negotiating "wobbler" offenses down to misdemeanor charges so they do not trigger strike enhancements.
3. Challenging Prior Convictions: Verifying whether out-of-state or older prior convictions legally meet California's strict criteria for a strike offense.
4. Plea Bargaining: Working with the San Diego District Attorney’s office to secure alternative sentencing or non-strike charge reductions.

If you or a loved one is facing felony charges under California's Three Strikes law, do not navigate the criminal justice system alone. Contact our San Diego criminal defense office today for a free, confidential case evaluation.

California’s Three Strikes Law increases the chances that repeat criminal offenders will spend a great deal of time behind bars. If you have a strike on your record, or have been charged with a crime that will put a strike on your record, it is important to speak with an experienced San Diego criminal defense attorney.

At the Law Offices of William R. Burgener, APC, we have an incredibly in-depth understanding of California’s criminal laws and understand just how serious a strike can be. Mr. Burgener will use his experience, insight, and passion to get the best possible outcome in your criminal case.