New Three Strikes Law under Proposition 36 Does Not Change the Law for All Persons with Two Strikes (California Penal Code 667)

By: Wallin & Klarich

Proposition 36 changed the prior Three Strikes Law, which allowed you to be sentenced to 25 years to life in prison if you had two prior “strike convictions” and were subsequently convicted of any other felony. Under the new Three Strikes Law if you have two prior strike convictions, but your current felony is not serious or violent you instead get a second strike sentence, which is double the usual sentence imposed for the current crime.

However, you can still be sentenced to 25 years to life under the old Three Strikes Law if:

– Your current offense involves drugs with an allegation under Health and Safety Code 11370.4 or 11379.8;
– Your current offense is a felony under PC 261.5(d) or PC 262, or any PC 290 sex offense that requires you to register as a sex offender other than PC 266, PC 285, PC 286(b)(1) or (e), PC 288a(b)(1) or (e), PC 311.11 or PC 314;
– You used a firearm, were armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person during your current offense; or – You have been convicted of a prior serious or violent offense for:
o A sexually violent offense defined under Welfare and Institutions Code 6600(b)
o Oral copulation under PC 288a, sodomy under PC 286, or sexual penetration under PC 289 with a minor under the age of 14 and more than 10 years younger than you o Lewd or lascivious act involving a child under the age of 14 under PC 288 o Any homicide or attempted homicide under PC 187 to 191.5 o Solicitation to commit murder under PC 653(f)
o Assault with a machine gun on a peace officer or firefighter under PC 245(d)(3)
o Possessing a weapon of mass destruction under PC 11418(a)(1)
o Any other serious or violent felony punishable by life imprisonment or death.

If you or a loved one has committed a third offense and have two prior strikes on record, it is important that you contact an experienced and knowledgeable three strikes defense attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients in three strike cases. We have offices in Los Angeles, San Bernardino, Riverside, San Diego, Ventura and Orange County. Call us today at 1-888-280-6839 or visit us online for more information at We will get through this together.

Posted In: Three Strike Crime