Practice Area
Three Strikes Defense
Fighting Life Sentences in California
California's Three Strikes Law is one of the harshest sentencing schemes in the nation. Originally enacted in 1994, the law was designed to impose longer sentences on repeat offenders. A third strike conviction can result in a sentence of 25 years to life in state prison.
While Proposition 36 (2012) modified the law to require that the third strike be a serious or violent felony in most cases, the consequences remain severe. If you have prior strike convictions and are facing new charges, you need an experienced attorney who understands how to defend against strike allegations and pursue options to have prior strikes dismissed.
John D. Forsyth has extensive experience defending clients facing three strikes charges. He has successfully argued Romero motions to have prior strikes dismissed and has achieved favorable outcomes in cases where clients faced potential life sentences.
Understanding the Law
California's Three Strikes Law
First Strike
A conviction for any "serious" or "violent" felony as defined under California law. This strike stays on your record permanently.
Second Strike
If you have one prior strike and are convicted of any new felony, your sentence is doubled. You must serve 80% of your sentence before parole eligibility.
Third Strike
If you have two prior strikes and are convicted of a new serious or violent felony, you face 25 years to life in state prison. Even non-violent third strikes can result in significantly enhanced sentences.
How We Fight
Three Strikes Defense Strategies
Romero Motion
A motion asking the judge to dismiss one or more prior strikes in the interest of justice. We present evidence about the nature of your prior offenses and your personal history to argue for dismissal.
Challenging the Current Charges
Aggressive defense of the current charges may result in acquittal, reduced charges, or dismissal, preventing a third strike conviction entirely.
Proposition 36 Relief
If you were sentenced under the old Three Strikes Law for a non-violent third strike, you may be eligible for resentencing under Proposition 36.
Challenging Prior Strikes
We examine whether your prior convictions actually qualify as strikes under California law and challenge improperly alleged strikes.
Negotiated Plea Agreements
In some cases, we may negotiate with prosecutors to reduce charges or reach agreements that avoid third strike consequences.
Know the Charges
Common Strike Offenses in California
The stakes couldn't be higher. A third strike means 25 years to life.
Take Action Now
Facing a Third Strike?
If you're facing charges that could be your third strike, contact John D. Forsyth immediately for aggressive defense.
Consultation Fee Policy
- •There is no charge for the first consultation if conducted at the office.
- •Any consultation conducted off-site or at a detention facility requires a fee paid up front.
- •If the client decides to retain the office, 100% of the consultation fee will be applied to the initial retainer for services.