Nevada County “3 Strikes” & Serious Felony Lawyer

Facing a strike, serious felony, or violent felony in Nevada County

California's Three Strikes law is one of the most consequential sentencing frameworks in American criminal law. A single strike conviction doubles the sentence on any future felony — and the third felony conviction with two prior strikes can mean 25 years to life. Understanding whether your current case is a strike, whether your prior convictions count as strikes, and whether existing strikes can be removed are among the most important questions in any serious felony case.

Three Strikes cases are unlike other criminal matters in a specific structural way: the arithmetic of the case is often more consequential than the underlying charges. Two defendants can face identical current-offense conduct and get sentencing outcomes separated by decades because one has strikes and the other doesn't. That reality shapes everything about how these cases are defended. The work is not just about winning the current case or reducing the current charges — it is about contesting whether prior strikes were validly established, whether they should be dismissed under Romero, and whether the mitigation case can move the court to exercise its discretion in the defendant's favor. Each of those levers has to be pulled deliberately and early, because they don't self-execute at sentencing.

How California's Three Strikes law works

California's Three Strikes law was enacted in 1994 and significantly modified by Proposition 36 in 2012. Under the current framework, the consequences of strikes are dramatic but more proportionate than under the original law.

The basic structure

A "strike" is a prior conviction for a crime designated as either a "serious felony" (PC §1192.7(c)) or a "violent felony" (PC §667.5(c)). Once you have one or more strikes on your record, future felony convictions are enhanced:

One prior strike (second-strike case) — The sentence on the new felony is doubled. A 3-year base sentence becomes 6 years; a 6-year sentence becomes 12 years.
Two prior strikes (third-strike case) — Under the original Three Strikes law, the new felony triggered a sentence of 25 years to life, regardless of whether the new felony itself was serious or violent. Proposition 36 substantially changed this: the 25-to-life sentence now only applies when the new felony is itself a serious or violent felony (with some exceptions for serious sex offenses, drug offenses involving large quantities, and offenses involving firearms). For other felonies, the sentence is doubled rather than tripled to life.

The strike must be pleaded and proven

The prosecution must allege the prior strikes in the charging document and prove them beyond a reasonable doubt at trial. This isn't automatic — strikes that aren't properly pleaded or proven cannot be used to enhance the sentence. Defense work often involves contesting whether the alleged prior actually qualifies as a strike, whether the documentary evidence supports the conviction, and whether the prior was properly obtained.

Out-of-state and federal priors

Convictions from other states or federal court can count as strikes if they would have qualified as serious or violent felonies under California law. This requires analysis of whether the out-of-state offense matches the elements of a California strike — and the comparison is often technical. Many out-of-state convictions that look like strikes on the surface don't actually qualify under California's framework.

Serious felonies vs violent felonies — and which crimes are strikes

California has two overlapping lists: "serious felonies" under PC §1192.7(c) and "violent felonies" under PC §667.5(c). Either designation makes a crime a strike for Three Strikes purposes. Many crimes appear on both lists; some appear on only one.

Designation	Statute	What it Means	Strike Status
Serious felony	PC §1192.7(c)	List of felonies designated as serious, including murder, voluntary manslaughter, robbery, residential burglary, kidnapping, mayhem, criminal threats, and many others	Always a strike
Violent felony	PC §667.5(c)	List of felonies designated as violent, including murder, voluntary manslaughter, attempted murder, robbery (with some exceptions), kidnapping, rape, mayhem, arson causing GBI, and others	Always a strike
5-year prior enhancement	PC §667(a)	Adds 5 years to sentence on a new serious felony for each prior serious felony conviction (separate from Three Strikes)	Additional consequence of serious felony priors
3-year prior enhancement	PC §667.5(b)	Adds 1 year for prior prison terms (substantially narrowed by SB 136 in 2020 — now applies only to prior convictions for sexually violent offenses)	Limited remaining application

Common strike offenses

The strike list is long, but certain offenses come up frequently in Nevada County practice:

Murder and attempted murder (PC §187, PC §664/§187) — always strikes, with murder also triggering capital and LWOP consequences. See my Homicide page.
Voluntary manslaughter (PC §192(a)) — always a strike.
Robbery (PC §211) — always a strike. The taking of property by force or fear.
Residential burglary (PC §459, §460(a) — first-degree burglary) — always a strike. See my Property Crimes page for the burglary framework.
Criminal threats (PC §422) — a serious felony and strike. Threats of death or great bodily injury that cause sustained fear.
Kidnapping (PC §207) — a serious and violent felony. Movement of another person against their will.
Mayhem (PC §203) — a serious felony. Maliciously injuring another person in ways that disable or disfigure them permanently.
Carjacking (PC §215) — a serious and violent felony. Taking a vehicle from another by force or fear.
Assault with a deadly weapon (PC §245(a)(1)) — a serious felony in most circumstances; the strike status depends on the specific subsection charged.
Great bodily injury enhancement (PC §12022.7) — when attached to certain offenses, can transform a non-strike into a strike.
Firearm enhancements (PC §12022.5, §12022.53) — separate enhancements with their own consequences, sometimes converting non-strike offenses into strikes.
Specified sex offenses — many sex offenses qualify as strikes regardless of the specific facts.

The Romero motion — striking strikes

One of the most important defense tools in Three Strikes cases is the Romero motion — named after the California Supreme Court case People v. Romero (1996). A Romero motion asks the court to "strike" a prior strike conviction in the interest of justice, meaning the prior is set aside for sentencing purposes on the current case.

How Romero motions work

The court has discretion to dismiss a prior strike under PC §1385 in the furtherance of justice. The motion is filed by the defense and argued at sentencing (or sometimes earlier in the case). The court evaluates whether the defendant falls outside the spirit of the Three Strikes law based on:

The nature and circumstances of the current offense
The nature and circumstances of the prior strike(s)
The defendant's background, character, and prospects
How remote in time the prior strike is
The defendant's age
Whether the prior strike was the result of a single incident or part of a pattern of conduct
Mitigating circumstances generally

When Romero motions succeed

Romero motions are most likely to succeed when:

The prior strike is remote in time (often 15+ years old)
The prior strike was relatively minor within the strike category
The defendant has otherwise stable life circumstances (employment, family, community ties)
The current offense is not particularly serious within its category
The defendant has demonstrated rehabilitation since the prior strike
The mitigation case is documented and substantial

What a successful Romero motion accomplishes

If the court grants a Romero motion to strike a single prior strike in a two-strike case, the new felony is sentenced without the strike doubling — a dramatic reduction in exposure. If the court grants a Romero motion to strike one of two prior strikes in a three-strike case, the case becomes a second-strike case (with doubling) rather than a third-strike case (with the 25-to-life triple consequence). Either outcome is enormous.

Romero motions require substantial preparation

A successful Romero motion isn't a brief filing — it's a comprehensive mitigation presentation. The motion typically includes detailed factual background on the defendant, documentation of life circumstances, character letters, employment and family information, evidence of rehabilitation, and legal argument tailored to the specific factors the court considers. The work is similar to mitigation in serious felony sentencing generally, but with specific attention to the Romero factors. Done well, a Romero motion can be the difference between decades in prison and a sentence the defendant can actually serve.

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Specific serious felony charges

The serious felony category captures a wide range of California offenses. Several deserve particular attention because they come up frequently and have specific defense considerations.

Robbery (PC §211)

Robbery is the taking of personal property in the possession of another, from their person or immediate presence, against their will, accomplished by means of force or fear. It is always a felony and always a strike — and depending on the circumstances, it may carry first-degree (residential or transportation-related) or second-degree (everything else) classification.

Sentencing exposure: 3, 4, or 6 years for first-degree robbery; 2, 3, or 5 years for second-degree robbery. Enhancements for firearm use, great bodily injury, and prior strikes can dramatically increase the exposure.

The defense work on robbery cases often involves contesting the force or fear element — was the alleged conduct actually a robbery, or was it a theft that didn't involve sufficient force or fear to qualify? Many cases initially charged as robbery are appropriately charged as petty theft or grand theft without the strike status. Successfully reducing a robbery to a non-strike theft offense is a major defense objective.

Criminal threats (PC §422)

Criminal threats is the willful threat to commit a crime resulting in death or great bodily injury, made with the specific intent that the statement be taken as a threat, that is on its face and under the circumstances unequivocal, unconditional, immediate, and specific, conveys a gravity of purpose and an immediate prospect of execution, and causes the threatened person to be in sustained fear for their own safety or for the safety of their immediate family.

Criminal threats is a wobbler — chargeable as either misdemeanor or felony. When charged as a felony, it is a strike. Sentencing exposure: up to 3 years state prison (felony) or 1 year county jail (misdemeanor).

The statute has multiple elements that the State has to prove, and each element is litigatable. Was the threat specific enough? Was it unequivocal and unconditional? Did the threatened person actually experience sustained fear? Was the fear reasonable under the circumstances? Many criminal threats cases that look strong on the police report have element-based defenses that significantly affect the outcome. Reducing a criminal threats charge from felony to misdemeanor removes the strike status — often a central defense objective.

Mayhem (PC §203)

Mayhem is the malicious disfigurement of another person by depriving them of a member of their body, disabling a member or organ, cutting or disabling the tongue, putting out an eye, or slitting the nose, ear, or lip. The statute traces back to medieval English law and has specific historical elements that affect how it applies today.

Mayhem is always a felony and always a strike, with sentencing exposure of 2, 4, or 8 years in state prison. Aggravated mayhem (PC §205), which requires intent to cause permanent disability or disfigurement, carries life with the possibility of parole.

Mayhem cases require careful analysis of whether the alleged injury actually qualifies under the statute. Not every serious injury constitutes mayhem — the injury must involve the specific categories listed in the statute and must be of the type and severity the statute contemplates. Many cases initially charged as mayhem are properly charged as aggravated assault or battery with great bodily injury enhancement, which (depending on the specific charge) may not be strikes.

Kidnapping (PC §207)

Kidnapping is the taking and carrying away of another person against their will, by means of force or fear, for a substantial distance. The statute has multiple variations: simple kidnapping, kidnapping for ransom or robbery, kidnapping during carjacking, and others — with sentencing ranging from 3-8 years for simple kidnapping to life with or without parole for the most serious variants.

The defense work on kidnapping cases often involves contesting the elements: was the movement substantial enough to qualify as "carrying away" or was it merely incidental to another offense? Was force or fear actually used? Was there consent that has been mischaracterized? Many cases initially charged as kidnapping have element-based defenses that significantly affect the outcome.

Carjacking (PC §215)

Carjacking is the felonious taking of a motor vehicle from the immediate presence of another person, against their will, accomplished by means of force or fear. The statute was created in the 1990s specifically to address violent vehicle theft and carries more severe penalties than either robbery or grand theft auto.

Carjacking is always a felony and always a strike, with sentencing exposure of 3, 5, or 9 years in state prison. Enhancements for great bodily injury, firearm use, or victim characteristics can substantially increase the exposure.

Removing existing strikes — post-conviction relief

For people who already have strikes on their record from past convictions, several mechanisms exist to remove or modify the strike status:

Proposition 36 resentencing (PC §1170.126)

Proposition 36, passed in 2012, allows certain inmates serving 25-to-life sentences under the original Three Strikes law to petition for resentencing. The relief is available to defendants whose third strike was a non-serious, non-violent felony — meaning many defendants serving life sentences for relatively minor third offenses have been resentenced to much shorter terms. The window for filing Prop 36 petitions has been narrowing but the relief remains available for eligible inmates.

Proposition 47 resentencing (PC §1170.18)

Proposition 47, passed in 2014, allows people convicted of certain non-violent felonies (mostly low-level drug and theft offenses) to petition for reclassification to misdemeanors. If a prior strike was for a felony that has since been reclassified to a misdemeanor under Prop 47, the conviction is no longer a felony and is no longer a strike. The window for filing Prop 47 petitions remains open.

PC §1170.95 / PC §1172.6 felony murder resentencing

Senate Bill 1437 (now codified at PC §1172.6) allows people convicted of murder under the old felony murder rule or natural and probable consequences doctrine to petition for resentencing if they were not the actual killer, did not aid and abet with intent to kill, and were not a major participant acting with reckless indifference to human life. Successful petitions result in vacating the murder conviction and resentencing on the underlying felony — often dramatic reductions in exposure.

PC §17(b) reduction to misdemeanor

For wobbler felony convictions that didn't carry strike status, reduction to misdemeanor under PC §17(b) eliminates the felony classification and any associated firearm prohibition. This doesn't apply to strike offenses (which are always felonies), but it can remove the strike-adjacent consequences of related wobbler convictions.

Direct collateral attack on the strike

In some cases, the prior conviction underlying the strike can itself be challenged through post-conviction relief — habeas corpus, PC §1473.7 motions (for immigration consequences), motions to vacate based on ineffective assistance of counsel, or other post-conviction tools. If the underlying conviction is successfully challenged, the strike status disappears with it.

Appeals in serious felony cases

Serious felony convictions can be appealed to the California Court of Appeal and, in some cases, to the California Supreme Court. Appellate work is distinct from trial work and requires its own expertise — the issues raised on appeal must have been preserved at trial, the briefs must address specific legal errors, and the standard of review on appeal differs substantially from the trial-level analysis.

Common appellate issues in Three Strikes and serious felony cases:

Whether the prior strike conviction was properly proven
Whether the trial court abused its discretion in denying a Romero motion
Sentencing errors — particularly around enhancements and consecutive vs concurrent sentences
Evidentiary rulings that affected the verdict
Constitutional issues — Fourth Amendment, Confrontation Clause, due process
Jury instruction errors
Ineffective assistance of trial counsel

For active appeals beyond the appointed counsel typically assigned in criminal cases, private appellate counsel can provide more intensive work. The decision to pursue private appellate representation depends on the specific case and the issues to be raised.

Parole considerations

For inmates serving prison sentences on serious or violent felony convictions, parole considerations are complex. The Board of Parole Hearings makes parole determinations for inmates with indeterminate sentences (such as 25-to-life third-strike sentences). Parole hearings involve assessments of the inmate's risk, rehabilitation progress, behavior in custody, parole plans, and the views of victims and prosecutors.

Effective parole advocacy involves substantial preparation similar to sentencing mitigation — documentation of rehabilitation, education and treatment completed in custody, family and community support, parole plans, and evidence that the inmate is no longer the person they were at the time of the offense. The hearings themselves are typically conducted at the prison, with the inmate, the parole board, and (often) representatives from the prosecution and victims' family.

One Strike Law (PC §667.61) — for specified sex offenses

Separate from but related to Three Strikes is California's One Strike Law, which applies to specified serious sex offenses. Under PC §667.61, a single conviction for certain sex offenses with specified aggravating circumstances can carry life-with-possibility-of-parole or life-without-parole sentences — without requiring prior strikes. The One Strike framework is distinct from Three Strikes and applies in cases I do not handle. (My practice excludes sex offense defense — for sex offense cases, I refer to qualified counsel.)

Where Three Strikes and serious felony cases are heard in Nevada County

Serious felony cases follow the standard Nevada County geographic rules — cases arising in the western half of the county (Grass Valley, Nevada City, Penn Valley, the rural communities) are heard at the Nevada County Superior Court in Nevada City. Cases arising in the eastern half (Truckee, Donner Lake, the I-80 corridor) are heard at the Truckee branch courthouse. Both courthouses handle the full felony docket including the most serious strike-eligible cases.

Common questions about Three Strikes and serious felony cases

What does California's Three Strikes law mean for a felony case in Nevada County?

Under California Penal Code §667(e), the Three Strikes law significantly increases prison sentences for repeat felony offenders in Nevada County and throughout the state. If you have one prior "strike" conviction on your record, any new felony charge can result in a doubled prison sentence. If you have two prior strike convictions and are charged with a new serious or violent felony, you face a sentence of 25 years to life in state prison. The practical impact in Nevada County is that the Nevada County District Attorney's office reviews every felony filing for potential strike enhancements, and any charging decision that includes strike allegations changes the entire trajectory of the case. Early defense work focused on contesting the strike allegations — whether they were properly pleaded, whether the priors actually qualify, and whether Romero relief is realistic — is often the most consequential defense strategy available.

Which offenses are treated as strikes at the Nevada City and Truckee courthouses?

For a crime to count as a strike, it must be classified under California law as either a serious felony (PC §1192.7(c)) or a violent felony (PC §667.5(c)). Local prosecutors at both the Nevada City courthouse and the Truckee branch pursue strike enhancements for offenses such as residential burglary, robbery, carjacking, assault with a deadly weapon or with force likely to produce great bodily injury, arson, criminal threats charged as a felony, kidnapping, mayhem, certain sex offenses or crimes involving minors, and any felony where a firearm was personally used or great bodily injury was inflicted. The two Nevada County courthouses handle strike allegations somewhat differently in practice — Truckee's smaller docket and different demographic tend to produce different plea patterns than the higher-volume Nevada City courthouse. Local defense counsel who practices in both courthouses can navigate these differences in ways out-of-town counsel cannot.

Do past convictions from long ago or outside California count under the Three Strikes law?

Yes. Strikes do not have an expiration date under California law — an old conviction from decades ago remains on your record and can be used to enhance a current sentence. Remoteness is not a bar to strike allegations, though it is a substantial factor in Romero motions asking the court to strike a prior strike in the interest of justice. Convictions from other states and federal court can also count as strikes if the elements of the out-of-state or federal crime satisfy California's legal definition of a serious or violent felony. This "elements test" analysis is technical: the out-of-state statute must include all the essential elements of a California strike offense. Many out-of-state convictions that look like strikes on the surface don't actually qualify when the elements comparison is done carefully. Contesting whether an out-of-state or federal prior actually qualifies as a strike under California law is one of the most valuable technical defenses available in Three Strikes cases.

Can a juvenile record be used as a strike in Nevada County Superior Court?

Yes, but only under narrow, specific circumstances. A juvenile adjudication can follow you into adulthood and count as a strike only if all of the following are true: you were 16 or 17 years old at the time of the offense; the underlying crime is explicitly listed as a serious or violent felony under California law; and the offense was legally sustained (proven) in a juvenile court proceeding. Because the qualifying criteria are narrow and technical, a careful audit of the prior juvenile record is essential before the prosecution can validly use it as a strike enhancement. In practice, many juvenile priors that the prosecution initially treats as strikes turn out not to qualify when the records are examined carefully. Defense counsel who reviews the juvenile file, verifies the age at offense, confirms the specific offense charged, and validates that the adjudication was properly sustained can sometimes eliminate the juvenile prior from the strike calculus entirely.

Can a prior strike be struck out by the court (Romero motion), and how do Nevada County judges handle them?

Yes. Under the California Supreme Court's decision in People v. Romero (1996), trial courts have discretion to dismiss prior strike allegations in the interest of justice under Penal Code §1385. The defense files a Romero motion asking the court to strike one or more prior strikes, and the court evaluates whether the defendant falls outside the spirit of the Three Strikes law. Factors the court considers include the nature and circumstances of the current offense, the nature and remoteness of the prior strike(s), the defendant's background, character, and community ties in areas like Grass Valley, Nevada City, Truckee, or Penn Valley, the defendant's age, and evidence of rehabilitation since the prior. Successful Romero motions can dramatically reduce exposure — turning a third-strike 25-to-life case into a second-strike doubled sentence, or removing the doubling entirely from a two-strike case. The Nevada County Superior Court judges who hear these motions have particular tendencies and expectations that experienced local counsel understands. A well-prepared Romero motion is a substantial mitigation presentation — factual background, character documentation, evidence of rehabilitation, and legal argument tailored to the specific factors the court considers and the specific judge hearing the motion. This is not brief-filing work; it is comprehensive mitigation advocacy.

How does a second strike impact a prison sentence and custody credits?

Beyond doubling the base prison sentence, a second strike conviction substantially limits the defendant's ability to earn early release credits. Under Penal Code §667(c)(5), defendants sentenced under Three Strikes for a second strike must serve a minimum of 80% of the total sentence in custody before becoming eligible for parole — compared to the substantially higher credit-earning rates available for standard felony convictions. In practical terms, a doubled second-strike sentence combined with the 80% custody minimum can mean that a case that would otherwise resolve with a defendant serving perhaps 50% of the base sentence instead requires serving 80% of double the base sentence — an enormous multiplier effect. This custody-credit limitation is a substantial consideration in sentencing negotiations, and it is one of the reasons that reducing a strike-eligible felony to a non-strike offense (through plea negotiation, Romero motion, or charge reduction) is such a valuable defense outcome.

What is the difference between a serious and a violent felony?

The two lists overlap substantially but are technically distinct. Serious felonies are listed in PC §1192.7(c) and include many offenses where the harm is to a person or involves substantial threat — murder, voluntary manslaughter, mayhem, rape, kidnapping, robbery, residential burglary, criminal threats, assault with a deadly weapon (in many cases), and others. Violent felonies are listed in PC §667.5(c) and include a slightly different set focused on offenses with physical violence — murder, voluntary manslaughter, attempted murder, robbery (with some restrictions), kidnapping, rape, mayhem, arson causing great bodily injury, and others. For Three Strikes purposes, either designation makes a crime a strike. For some other purposes — particularly certain sentence enhancements and credit-earning limits — the distinction between serious and violent matters. Most offenses on the violent list are also on the serious list, but some offenses on the serious list are not on the violent list, and vice versa. The specific list matters for the specific consequence being analyzed.

What are the penalties for robbery in California?

Robbery under PC §211 is always a felony and always a strike. First-degree robbery (involving an inhabited dwelling, transportation operator, or ATM user) carries 3, 4, or 6 years in state prison. Second-degree robbery (all other robbery) carries 2, 3, or 5 years in state prison. Enhancements can substantially increase the exposure: firearm use under PC §12022.53 can add 10 years (for personal use), 20 years (for discharging), or 25-to-life (for discharging causing great bodily injury or death). Great bodily injury enhancement under PC §12022.7 adds 3 years. Prior strike enhancements under Three Strikes double the sentence or trigger 25-to-life for third-strike cases. Prior serious felony enhancement under PC §667(a) adds 5 years for each prior serious felony conviction. The cumulative exposure on a robbery case with enhancements and prior strikes can reach decades of prison time, which is why early and aggressive defense work is so important.

What is criminal threats (PC §422)?

Criminal threats is the willful threat to commit a crime that would result in death or great bodily injury, made with the specific intent that the statement be taken as a threat, that on its face and under the circumstances was so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and an immediate prospect of execution, and that caused the threatened person reasonably to be in sustained fear for their own safety or for the immediate family's safety. Criminal threats is a wobbler — chargeable as either misdemeanor or felony. When charged as a felony, it is a strike (a serious felony under PC §1192.7(c)(38)). The statute has multiple elements that the State has to prove, and defenses often involve contesting elements: the threat wasn't specific enough, wasn't unconditional, wasn't credible under the circumstances, didn't cause sustained fear, or the fear wasn't reasonable. Reducing a criminal threats charge from felony to misdemeanor removes the strike status — often a central defense objective. The conduct that triggers criminal threats charges varies widely, from domestic dispute statements to road-rage incidents to social media threats. Context matters substantially in defending these cases.

What is mayhem (PC §203)?

Mayhem is the malicious disfigurement of another person under California Penal Code §203. The statute specifically requires that the defendant unlawfully and maliciously deprive another person of a member of their body, disable a member or organ, cut or disable the tongue, put out an eye, or slit the nose, ear, or lip. The statute traces back to old English common law and has specific elements that don't apply to every serious injury. Mayhem is always a felony and always a strike, with sentencing exposure of 2, 4, or 8 years in state prison. Aggravated mayhem (PC §205) — which requires intent to cause permanent disability or disfigurement — carries life with possibility of parole. The defense work on mayhem cases involves careful analysis of whether the alleged injury actually qualifies under the specific statutory categories. Many cases initially charged as mayhem are properly charged as aggravated assault, battery with serious bodily injury, or assault with a deadly weapon — which may or may not be strikes depending on the specific charge. Successfully recharacterizing mayhem to a non-strike offense is often a central defense objective.

What makes serious felony defense different

Serious felony defense in Nevada County is architected around three simultaneous fronts, and losing any one of them can compromise the entire case. The first front is the current-offense defense — contesting the underlying charges, the evidence, and the elements the State has to prove. The second front is the strike allegation defense — contesting whether the priors were properly pleaded and proven, whether they legally qualify under California's definitions, whether out-of-state priors actually satisfy the elements test, and whether juvenile adjudications meet the narrow qualification criteria. The third front is the Romero and mitigation front — building the comprehensive record that can support striking a prior strike in the interest of justice, or achieving a mitigated sentence even where the strike stands.

Each front requires different work, different documentation, and different strategic timing. The current-offense defense often involves witness interviews, expert consultation, evidentiary motions, and preservation of trial rights. The strike allegation defense involves records review from other jurisdictions, elements analysis, and technical challenges to the prosecution's documentary proof. The Romero mitigation front involves gathering character documentation, employment history, family circumstances, evidence of rehabilitation, and community ties — often over months of work — and presenting it to the court in a form calibrated to what actually persuades the specific judge hearing the motion.

Twenty-five years of practicing in front of the Nevada County judges who hear these motions produces knowledge you cannot get elsewhere. Which judges have granted Romero relief in which fact patterns. Which forms of mitigation documentation actually move the record. Which prosecutors in the Nevada County District Attorney's office are pragmatic about strike reductions and which aren't. Which timing produces the best plea offers. This is the accumulated practice knowledge that separates a defense that leaves options open from one that closes them off through avoidable mistakes.

Direct access matters here more than in most practice areas because serious felony cases have long timelines and shifting strategic pressures. The defendant may spend months in pretrial custody. Family members carry enormous stress. Decisions about whether to accept an offer, whether to fund additional investigation, whether to file a particular motion, whether to go to trial — all of these happen through direct conversation with the lawyer working the case. You reach me. Not a screener, not an intake associate. That access is structurally built into the practice because serious felony cases require it.

Related pages for specific charge types and case categories

Some serious felony charges have their own dedicated pages because the substantive law and strategic stakes diverge from the general Three Strikes framework. If your case involves murder, manslaughter, or another homicide charge, my Homicide page covers the specific substantive law of homicide cases including the capital and life-without-parole considerations that some homicide cases carry. If your case involves residential burglary (a strike), my Property Crimes page addresses the burglary framework in depth. If your case involves assault with a deadly weapon or great bodily injury allegations, my Assault and Battery page covers the self-defense doctrine and the strike-avoidance strategy specific to those charges. For the general framework of how criminal cases move through the Nevada County courts, my Nevada County Criminal Defense Lawyer page provides that context.

Fee structure for Three Strikes and serious felony cases

Serious felony defense is among the most resource-intensive criminal work because it operates on three simultaneous fronts — current-offense defense, strike allegation defense, and Romero mitigation development. Each front requires substantial time, and the total workload on a fully-defended strike case can dramatically exceed what typical felony defense involves. Fees reflect this reality. They are set case by case at flat rates after I understand the specific case at the initial consultation, and they are disclosed clearly before any commitment. Payment structures are designed to make thorough representation realistic for defendants and families committed to private retention.

Early consultation matters particularly in these cases because certain defense pathways narrow as the case ages. Records from other jurisdictions supporting strike allegation challenges take time to obtain. Witnesses who might support the current-offense defense may become harder to locate. Mitigation documentation supporting a Romero motion needs to be gathered over months, not weeks, to be genuinely persuasive. The strategic decisions made in the first few weeks of a strike case often shape what is achievable at sentencing months or years later.

The consultation is free and confidential, and it doesn't obligate you to anything. Facing a strike, serious felony, or violent felony charge — or dealing with prior strikes on a new case — is among the highest-stakes situations California criminal law creates. Understanding the actual exposure, the realistic defense pathways, and the mitigation options is worth an honest conversation early, even if you don't ultimately retain.

Call (530) 265-0186