Three Strikes

A conviction for a serious or violent felony in the past can lead to a prosecution under the "Three Strikes Law." Below is a list of crimes that can be considered "strikes." If a person is alleged to have one "strike," his or her potential sentence may double. If the person is alleged to have more than one "strike," he or she can face a sentence of 25 years to life.

At Kaplan Marino, we are fully versed with the "Three Strikes Law." By utilizing innovative and creative approaches, we can have past "strikes" stricken or new offenses reduced to "nonstrike" charges, or we can obtain a significant reduction in sentences. Of course, in "Three Strike" cases, as in all of our cases, our first goal is to obtain an acquittal or dismissal of all charges.

Questions about Three Strikes Law? Please complete our contact form and someone from our firm will promptly respond.

Violent Felonies

  • Murder or manslaughter
  • Mayhem
  • Rape by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person
  • Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person
  • Lewd act on a child
  • Any felony punishable by death or life sentence
  • Any felony resulting in great bodily injury or in which a firearm was used
  • Robbery of an inhabited dwelling, vessel or trailer coach in which a deadly or dangerous weapon was used
  • Arson that causes great bodily injury
  • Penetration by a foreign object
  • Attempted murder
  • Explosion with intent to commit murder
  • Out-of-state kidnapping transported to California
  • Continuous sexual abuse of a child

Serious Felonies

  • Murder or involuntary manslaughter
  • Mayhem
  • Sodomy by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person
  • Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person
  • Lewd or lascivious act on a child under the age of 14
  • Any felony punishable by death or imprisonment for life
  • Any other felony in which the defendant personally inflicts great bodily injury on any person or personally uses a firearm
  • Attempted murder
  • Assault with intent to commit rape or robbery
  • Assault with a deadly weapon or instrument on a peace officer
  • Assault by a life prisoner on a noninmate
  • Assault with a deadly weapon by an inmate
  • Arson
  • Exploding a destructive device or any explosive with intent to injure
  • Exploding a destructive device or any explosive causing great bodily injury or mayhem
  • Exploding a destructive device or any explosive with intent to murder
  • Burglary of an inhabited dwelling, house or trailer coach as defined by the Vehicle Code or inhabited portion of any other building
  • Robbery or bank robbery
  • Kidnapping
  • Holding of a hostage by a person confined in a state prison
  • Attempt to commit a felony punishable by death or life imprisonment
  • Any felony in which the defendant personally used a dangerous or deadly weapon when selling, furnishing, administering, giving or offering to sell, furnish, administer or give to a minor, heroin, cocaine, phencyclidine (PCP), a methamphetamine-related drug or a precursor of methamphetamine
  • Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace or fear of immediate and unlawful bodily injury on the victim or another person
  • Grand theft involving a firearm
  • Any attempt to commit a crime listed in this subdivision other than an assault
  • Continuous sexual abuse of a child

Questions? Talk To One Of Our Beverly Hills-Based Lawyers.

We are happy to answer your questions about Three-Strikes Law. Just call us at 310-557-0007 .


Representative cases

Our client was charged with a third-strike robbery. He was accused of taking a bank bag from someone on the street by force. At his jury trial, we not only presented an identification expert that questioned the witness’s ID of the client, but also effectively cross-examined the police officers, thereby impeaching the credibility of the police officers who each, in their testimony, placed our client at three different locations at the same time. Our client was found "not guilty" of all felony charges, and was convicted of only one misdemeanor charge. He was sentenced to time served without probation.