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.

In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent Federal Courts from releasing inmates.

Under Prop 57, CDCR incentivizes inmates to take responsibility for their own rehabilitation with credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation. Prop 57 also moves up parole consideration of non-violent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community. These changes will lead to improved inmate behavior and a safer prison environment for inmates and staff alike, and give inmates skills and tools to be more productive members of society once they complete their incarceration and transition to supervision.

Lastly, Prop 57 allows Judges, not Prosecutors, to decide whether to try certain juveniles as adults in Court. Prop 57 sought to restore Juvenile Court Judges’ authority over juvenile offenders by allowing Juvenile Court Judges to determine whether or not juveniles aged fourteen and older should be prosecuted and sentenced as an adult, repealing California Proposition 21, which was passed in March 2000.

What Does Prop 57 Mean For Existing Sentences and Parole Eligibility?

There are three main provisions under Prop 57, two relating to adults and one to juveniles:

Adults:

1. Parole Eligibility Changes

2. Credit Awards Changes

Juveniles:

3. Direct Filing Eliminated

Offenders who commit multiple crimes against multiple victims will be eligible for release at the same time as offenders who only committed a single crime against a single victim.

• Repeat offenders will be eligible for release after the same period of incarceration as first time offenders.
• Offenders whose sentence was enhanced for especially egregious conduct will be eligible for release at the same time as those who did not engage in the egregious conduct.
• CDCR will have unlimited authority to award credits to all inmates, in excess of the current 15%, 20% and 50% conduct credit limitations.
• Juvenile offenders who commit violent crimes like murder, rape and carjacking cannot be filed on as adults. They must be filed on in Juvenile Court and can only be found unfit by a Judge.

What Will Happen To My Conviction And Sentence Under Prop 57?

Prop 57 allows for parole consideration to any person convicted of a non-violent felony offense and sentenced to state prison after completing the full term for his or her primary offense. The full term for the primary offense means the longest term of imprisonment imposed by the Court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence. This can mean drastically reduced eligibility periods for those facing long consecutive sentences.

Under Prop 57, inmates who comply with the rules, avoid violence, and perform duties assigned to them, are eligible to earn Good Conduct Credits. Inmates who participate in approved rehabilitative and educational programs shall be eligible to earn Milestone Completion Credits, Rehabilitative Achievement Credits, or Educational Merit Credits. Inmates who perform a heroic act in a lifethreatening situation may be eligible to receive the Extraordinary Conduct Credits.

What will the expanded credit-earning opportunities do for inmates? Credits earned for good conduct and rehabilitative and educational achievements can advance an inmate’s release date if sentenced to a determinate term, or advance an inmate’s initial parole hearing date if sentenced to an indeterminate term with the possibility of parole. Credit-earning opportunities are available to all inmates. What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence or consecutive sentences for a non-violent felony offense including theft, grand theft, grand theft auto, grand theft firearm, receiving stolen property, forgery, fraud, possession of a controlled substance, you may be eligible for relief; even if you have been denied parole. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing strategies for parole under Prop 57. Contact us now for a Free Consultation.