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Prop 36 Vs. Three Strikes Law: What Has Changed for Repeat Offenders?

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Prop 36 Vs. Three Strikes Law: What Has Changed for Repeat Offenders?

Summary: This page covers What Is the Three Strikes Law?, What Is Proposition 36?, What Are the Changes to the Three Strikes Law in California?.

For many criminal offenses, Proposition 36 has increased jail or prison time. This is especially true for people who committed theft of drug crimes. In this sense, the 2024 Proposition 36 is a continuation of the Three Strikes Law’s focus on harsher penalties.

However, a previous bill known as Proposition 36 was passed in 2012 that limited the Three Strikes Law in many ways. Under the 2012 Prop 36 and Three Strikes, some repeat offenders were able to get resentenced. Third strike convictions that were non-serious, non-violent offenses no longer led to automatic life sentences. Under the 2024 Prop 36, this situation has reversed itself in many ways. In an effort to combat smash-and-grabs and drug crimes, many charges have been designed with new sentence enhancements.

What Is the Three Strikes Law?

Known as California’s Three Strikes and You’re Out Law, the Three Strikes Law was created in 1994 after the horrific murders of Kimber Reynolds and Polly Klaas. Under the law, defendants would be imprisoned for life if they committed their third offense.

However, there were major issues with this law. Besides disproportionately affecting minorities and the mentally disabled, some people were given life in prison for charges as minor as stealing a dollar in loose change from a parked car.

What Is Proposition 36?

The recent enactment of Proposition 36 has resulted in harsher charges for many sentences. The goal of Proposition 36 is to address the burgeoning issue with shoplifting, theft, and drugs in California.

With this in mind, there are now stricter sentencing requirements for people who commit theft or deal drugs with a firearm. The law specifically targets crimes that are committed with three or more people. California’s Prop 36 lengthens sentences by as much as three years if the crime is committed with three or more other individuals.

What Are the Changes to the Three Strikes Law in California?

Under the 2024 Prop 36, there are no real changes to the Three Strikes Law. However, a 2012 proposition in California that was also called Proposition 36 previously made changes to the Three Strikes Law. With the 2024 Proposition 36, the Three Strikes Law was not addressed.

There were, however, many changes to how inmates are charged. For example, it is now possible to charge someone with a felony if they shoplift or commit theft with at least three other people.

Additionally, the new law allows multiple occurrences to be added together. In the past, some people stole less than $950 so that they wouldn’t be charged with a felony. Now, multiple thefts can be added together to push the individual over this limit.

The treatment-mandated felony act, which is a part of Proposition 35, also allows people who have two or more convictions to go to a treatment center instead of three years in prison or jail. If they complete this treatment successfully, their conviction will be dismissed as if it hadn’t happened.

What Is the 2012 Prop 36 Three Strikes Reform?

Under the 2012 Prop 36 in California, the Three Strikes Law was changed for specific types of charges and offenders. Instead of giving life sentences for a large variety of offenses, Proposition 36 limits the Three Strikes Law to only serious and violent offenses. Under the law, offenders who served life sentences could also receive re-sentencing.

However, judges are required to carefully consider any resentencing. The judge must decide that the updated sentencing will not harm public sentencing.

Learn More About Proposition 36 and the Three Strikes Law

When it comes to the 2024 Prop 36 and Three Strikes, there are now stricter, longer sentencing rules for people who commit certain crimes. While the 2021 law that was also known as Prop 36 had more lenient provisions, ongoing problems with theft, drugs, and homelessness have led California to crack down on certain crimes.

Unfortunately, this means that committing the same crime today can lead to a felony charge instead of a misdemeanor. Because of this, it’s a good idea to seek out professional legal help if you’ve been charged with a crime. One of our attorneys can review your case and help you determine the best path forward.

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Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

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I really appreciate everything she has done for me; I cannot thank her enough! Ms. Johnson-Norris did an absolutely thorough job by answering any and all questions that I had. She called me with updates and preferences on how I should be handling the case, which made the whole process very reassuring. The staff was very up to date with all of the follow-up information that was involved with my case that was also extremely beneficial. Ms. Johnson-Norris had a very reassuring aspect about her that made it very easy to let her handle the case. If anything were to go wrong with anyone I am associated with, she will be the lawyer of choice. I really appreciate everything that she has done for me, I can not thank her enough!

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We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

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