The measure was aimed to reduce prison overcrowding by reducing a number of felonies to misdemeanors, including certain theft crimes by raising the threshold from $400 to $950, as well as certain drug-related charges. Moreover, the Proposition provided that the money saved from incarceration will be funneled towards the funding of mental health and drug treatment programs, K-12 schools, and crime victims.

A number of studies have demonstrated that the measure more or less achieved its aims, with a decline in recidivism, reduction of prison population, and savings of over 800 million dollars. Moreover, since the passage of Prop 47, the rate of violent crimes, burglary, or robbery, has not increased. However, opponents of the measure have continuously argued that Prop 47 is the reason for the uptick of retail theft during the COVID pandemic as well as the increase in homelessness in the state. An attempt to amend Prop 47 in 2020 failed at the ballot box.

This is year, however, there is a new initiative on the ballot, Proposition 36 (The Homelessness, Drug Addiction, And Theft Reduction Act). It aims at rolling back some of the changes made by Prop 47, by increasing the penalties for certain theft and drug crimes. Proposition 36 has wide support across the political spectrum, including endorsements by the mayors of San Francisco, San Diego, and San Jose, as well as a number of Democratic state legislators. More importantly, polls show that overwhelming majority of Californians support it and the measure is destined to become law.

Therefore, it is important to summarize the main changes that Proposition 36 will bring and how they might affect a person in the future:

• First, the initiative provides for a new “treatment-mandated felony.” This new type of crime would allow DAs to charge someone with a felony for a third drug-related offense. Under the new felony, if a person does not contest the charge, he or she would be given the chance to participate in a drug or mental health treatment and upon completion of the court-mandated treatment have the charge expunged from their record. However, if the person refuses or fails to complete treatment, they would get to serve up to three years in prison.
• Second, under Prop 36, judges will be obligated to warn all individuals convicted of distributing any amount of the so-called “deadly drugs” like fentanyl, heroine, cocaine, and methamphetamine, that if in the future they distribute such drugs to a person who later dies from them, that they could be charged with murder. This provision will make it easier to prosecute such a person for murder in the future and it will apply to anyone, including individuals who provide a friend with drugs.
• Third, the initiative adds fentanyl to the list of drugs that result in a felony charge if the person possesses any amount of the so-called “deadly drugs” and a loaded firearm, even if the person is in lawful possession of the firearm.
• Forth, Prop 36 would increase the criminal penalties for some theft crimes when the person has had two or more prior theft-related convictions. In such cases, the person can be charged with a felony for a subsequent theft crime regardless of the value of the stolen property. Furthermore, the initiative will give DAs discretion to add together multiple unrelated misdemeanor thefts in order to charge a person with a felony instead of misdemeanor petty theft.
• Finally, the measure provides for the addition of harsh mandatory sentencing enhancements. The initiative adds fentanyl to the mandatory sentencing enhancements for drug sale or possession. Moreover, it gives judges discretion to impose sentencing enhancements when a person steals, destroys, or damages any amount of property by acting jointly with two or more other people; or if the person acts alone but causes losses exceeding $50,000.

As already mentioned above, Proposition 36 is set to pass in November 2024 and become a law. The measure will have serious consequences and impact negatively countless people, especially minority and low-income communities.

If you or a loved one has been arrested, the highly skilled and reliable attorneys at the Justice Firm are here to help and answer any questions you might have. Our criminal defense attorneys have decades of experience representing individuals in all misdemeanor and felony cases and you can contact them today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

In 1994, Californians voted overwhelmingly for Proposition 184 and enacted the “Three Strikes and You’re Out” law, which was later codified by Penal Code §667. The goal of the new law was to increase public safety and to reduce the crime rate by giving repeat offenders harsher sentences. In its original version the law required that the sentence for any felony committed by a defendant with one prior serious or violent felony conviction be doubled, and imposed a sentence of 25 years to life to any person for any felony, if the person had two prior convictions for serious or violent felonies.

In the years since its inception, the Three Strikes law has had a devastating effect on thousands of defendants. The law has led to mass incarceration and has disproportionately affected people of color, as well as the mentally ill and physically disabled defendants. Moreover, while the financial cost to the taxpayers has been exorbitant, research has shown that the extreme sentences have had little to no effect on the reduction of crime rates.

Very early on, the severity of the new law was plainly visible in the landmark Romero case, where the defendant had two prior serious felonies and as a result faced a sentence of 25 years to life for simple possession of minor quantity of narcotics. In that case, the judge indicated that, if the defendant pled guilty, he would dismiss one of defendant’s prior strikes and sentence him to six years instead. On appeal, the California Supreme Court held that trial court has the power to dismiss a strike prior “in furtherance of justice.”

California’s Three Strikes Law Today

It took more than a decade after the Romero decision, but fortunately, in 2012 California voters approved Proposition 36, which amended the Three Strikes law, and limited its harshest provisions to those whose third strike is a serious or a violent felony. As a result of the amendment, thousands of inmates who had been sentenced under the original law would no longer be considered as third strikers. The provisions of the amendment were made retroactive, so if a person’s third offense is not serious or violent, he or she can appeal their sentence and be resentenced under the amended law.

If you or a loved one has been sentenced under the original law, you can contact the experienced appeals attorneys at the Justice Firm today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

While Proposition 36 limited the number of defendants that would face the harshest penalties of the Three Strikes law, the law is still here and continues to affect people everyday. As it currently stands, the law calls for double the prison sentence for a current conviction for any felony, if the individual has one or two strikes prior (serious or violent felony convictions), and for 25 years to life sentence for those with two strikes prior, if the current offense is a serious or violent felony.

Some of the felonies that the law categorizes as violent or serious include murder or manslaughter; rape; any felony in which the defendant inflicts great bodily injury on a person; oral copulation and sodomy by force; any robbery; attempted murder; arson; carjacking; kidnapping; burglary in the first degree; and the sale or attempt to sale or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug.

The above list is not exhaustive, and there are also exceptions where the third offense is not considered either violent or serious, but would still trigger the 25 years to life provision:

• If the third offense is a drug related offense involving a certain amount of a controlled substance;
• If the third offense is a felony sex offense and/or an offense that requires the registration as a sex offender;
• If during the commission of the third offense, the person used a firearm, intended to cause great bodily injury, or had a firearm or a deadly weapon;
• And if a prior strike was a particularly serious offense, including “sexually violent offenses,” murder, manslaughter, and sex offenses involving a child less than 14 years of age.

It is worth noting that, for purposes of the Three Strikes law, out of state convictions would be considered a “strike,” if the offense includes all the elements of a particular violent or serious felony as defined in the California Penal Code.

Finally, certain prior juvenile convictions would be considered a strike prior, if the defendant was 16 years or older at the time of the commission of the crime.

How To Fight the Consequences of the Three Strikes Law

The consequences of a charge under the Three Strikes Law can be draconian, however, there are several ways a defendant can fight the severe penalties triggered by the Three Strikes law.

First, as already mentioned above, if you have already been convicted and the third conviction is not for a serious or violent felony, you can appeal your sentence. In addition, you may be eligible for parole. In 2016, California passed Proposition 57, which amended the state’s Constitution and allowed defendants who were convicted of a nonviolent felony offense to apply for a parole consideration after completing the full term of their primary offense. In 2018, in the In re Edwards case, the California Court of Appeal confirmed that the amendment applies to “third strike” nonviolent offenders as well.

Furthermore, some of the recent reforms to the California criminal justice system have given additional options to defendants to have their sentences reduced. One such option is for defendants to petition the district attorneys to revisit and re-evaluate their sentences and, in the interest of justice, to recommend a sentence recall and reduction under AB 2942.

Finally, if you are currently facing a charge that could put you under the realm of the Three Strikes law, you can take advantage of a Romero motion and ask the judge to dismiss a strike prior. Furthermore, PC §667 requires that a district attorney has to prove the strike allegations, i.e. has to prove that you actually have the strike priors. This requirement opens the door for a defense attorney to argue and challenge whether an alleged strike is actually a strike.

At the Justice Firm, we know that the attorney-client relationship is an important aspect of your legal journey and our highly skilled and experienced attorneys are here to help and answer any questions you might have. If you or a loved one is currently serving a sentence under the Three Strikes law or is facing a charge under it, contact our California attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.