California’s Three Strikes law sharply increases sentences for people with prior serious or violent felony convictions.
A second strike doubles the term; a third can mean 25 years to life. Misdemeanors are not strikes — which is why keeping a wobbler a misdemeanor matters so much.
What Counts as a Strike
A ‘strike’ is a prior conviction for a serious felony (listed in Penal Code 1192.7(c)) or a violent felony (Penal Code 667.5(c)). Examples include criminal threats (PC 422) as a felony and witness dissuasion by force (PC 136.1(c)). Misdemeanors are never strikes.
How the Sentencing Works
With one prior strike, a new felony sentence is doubled. With two prior strikes, a new serious or violent felony can carry 25 years to life. (Proposition 36 (2012) narrowed the third-strike rule so that, in most cases, the current offense must itself be serious or violent.)
Why Wobblers Matter
This is where wobblers and PC 17(b) reductions become critical. Many strike-eligible offenses are wobblers — and a wobbler resolved as a misdemeanor is not a strike. Keeping a case a misdemeanor, or reducing it under PC 17(b), can be the difference between a clean future and a strike that follows you for life.
Frequently Asked Questions
What counts as a strike in California?
A strike is a prior conviction for a serious felony (listed in Penal Code 1192.7(c)) or a violent felony (Penal Code 667.5(c)). Misdemeanors are never strikes, and many strike-eligible offenses are wobblers that can be resolved as misdemeanors.
How does the Three Strikes law increase sentences?
With one prior strike, a new felony sentence is doubled. With two prior strikes, a new serious or violent felony can carry 25 years to life. Proposition 36 (2012) narrowed the third-strike rule so that, in most cases, the current offense must itself be serious or violent.
How do you keep a charge from becoming a strike?
Because misdemeanors are not strikes, keeping a wobbler charged or resolved as a misdemeanor — including through a PC 17(b) reduction — keeps it off your record as a strike. That is often the single most important goal on a strike-eligible wobbler.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com