California Third Strike Defense Lawyers

California’s three-strikes law imposes extremely harsh mandatory minimum sentencing for repeat felony offenders. Crimes such as robbery, residential burglary, violent crimes, or any deemed “serious” are considered strikes under this law. Additionally, any felony involving the use of a deadly weapon also qualifies as a strike.

Individuals with a prior “strike-able” felony conviction face enhanced penalties for any subsequent felony conviction. Even if the new offense is not classified as a strike, the potential prison time will double. More critically, a third felony conviction — regardless of its severity — carries a mandatory sentence of 25 years to life in prison. The time elapsed between prior convictions does not matter. This harsh reality has driven many “second-strike” offenders to relocate out of California to avoid the risk of dying in prison.

Unfortunately, some overzealous prosecutors exploit this law, pursuing “third strike” charges whenever possible — often for political gain or to appear tough on crime — even when the circumstances do not warrant it.

Defense Strategies for Defending a Third Strike

When defending a client facing a potential third strike, it’s essential to build a strategic and powerful defense that discourages prosecutors from pursuing the maximum penalty. Sometimes, attorney Troy Slaten’s professional reputation alone can influence a prosecutor’s decision to reconsider. Prosecutors know that overreaching on a case handled by a seasoned trial expert carries a high risk of failure.

In situations where the prosecution refuses to negotiate, Mr. Slaten may file a motion to strike a prior conviction if enforcing the three-strikes rule would lead to an unjust outcome. The motion asks the judge to disregard one or more prior strikes during sentencing, especially when the third offense does not align with the legislative intent of the law. If granted, this motion can significantly reduce the sentence — potentially from a life term to just a few years of confinement.