Your Life Sentence May Now Be Challenged Due To Proposition 36

By: Wallin & Klarich

Earlier this month, the voters of California approved Proposition 36, which modifies the limits of the California’s “three-strike” statute, which will allow a more humane sentencing system in the state.

Under the previous law, people would end up serving life sentences for crimes as minor as shoplifting. Proposition 36 amends the 1994 California three-strike law by eliminating the imposition of a 25 to life sentence for nonviolent crimes. Previously, a defendant with two violent or serious felony convictions would receive a mandatory 25 to life sentence upon a third felony conviction, regardless of the severity of the third crime.

There are approximately 4,000 people serving life sentences under the California three-strike law. A large portion of those people have been incarcerated with their life sentences for a conviction of a nonviolent or non-serious third offense.

The new amendment to the law is retroactive but re-sentencing will be discretionary, which means that people who have been sentenced under the old law, can petition for re-sentencing, however a judge will make the final decision on whether re-sentencing is appropriate in individual cases.

While all the details have not been worked out yet, the voters agree that the punishment should fit the crime and not let a minor mishap result in a life sentence for the people within our state.

If you or a loved one has been accused or charged with a felony and are facing serious time as a cause of three strikes, it is very important that you speak with an experienced criminal defense attorney from Wallin & Klarich. We have over 30 years of experience handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at 888-280-6839 to speak to an experienced criminal defense attorney about your case or visit our website We have offices in San Bernardino, Los Angeles, Riverside, Ventura and Orange Counties. We will be there when you call.

Posted In: Three Strike Crime