Can I appeal a 3-Strikes conviction in California?

Posted on February 7, 2022

The courts have generally upheld California’s Three Strikes Law as constitutional. However, there are times when its application constitutes “cruel and unusual” punishment which is unconstitutional. Fortunately, when this is the case, the law provides a remedy. The remedy is to appeal a California “three strikes” sentence.

What is California’s three-strikes law?

California’s “three strikes” law was initially designed to keep habitual, violent criminals behind bars. The law significantly enhances prison sentences for individuals who commit serious or violent felonies.

Once an individual has committed two of these offenses, he/she faces a mandatory 25-years-to-life in state prison for committing any additional felony. This is true even if the third felony isn’t classified as serious or violent.

When does a third strike become cruel and unusual punishment?

Hypothetically speaking, California’s three-strikes law means that someone who has committed two serious felonies who goes on to steal some medicine for his sick child, medicine which he cannot otherwise afford, could be imprisoned for life. Clearly, this type of situation qualifies as cruel and unusual punishment.

If the fictional character in the above example was sentenced to 25-years-to-life based on this offense, he could appeal his California “three strikes” sentence.

The fact is that this hypothetical situation is not all that uncommon for “three strikes” sentences. And thankfully, the courts are beginning to recognize how cruel and unusual this sentencing scheme is.

(2020 Update: Los Angeles County prosecutors no longer increase sentences based on prior strikes. Learn more here.)

If you or a loved one has been unfairly sentenced under this problematic and often unconstitutional law, you should immediately consult with a California appellate attorney about appealing the California “three strikes” sentence. Also, please read our article about federal appeals v. state appeals in California.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.