Monder Law Group - News
Amended Three Strikes Law
On November 6th, 2012 the citizens of California voted in favor of changing the golden state’s Three Strikes Law. As it originally stood, California’s Three Strikes Law was enacted in order send a clear message to violators that repeating certain offenses will not be tolerated. Originally, anyone convicted of certain felonies that are considered serious or violent would receive a “strike” on their record. If a person already has two strikes on their record and is convicted of violating any other crime, whether violent, serious, or neither, he or she may be sentenced to 25 years-to-life in prison.
Examples of violent felonies area murder, manslaughter, arson that causes great bodily injury, and robbery of an inhabited dwelling. Examples of serious felonies are murder, involuntary manslaughter, assault with a deadly by an inmate, and arson.
Judges were given discretion to impose the 25 years-to-life sentence based on the facts of the case. A judge did not have to impose the long sentence.
Proposition 36 was put on the November 6th ballot in order to make it more difficult to impose the 25 years-to-life sentence. The proposition requires the third offense to be serious or violent in order for a judge to be able to impose the 25 years-to-life sentence.
There are many people sitting in prison now who were sentenced under the old “Three Strikes Law” before Proposition 36 was passed. As a result, many inmates are eligible for resentencing.
Supporters of Proposition 36 believe that it is a beneficial change to California’s Three Strikes law that helps to prevent the state from wasting resources. Supporters feel that the Three Strikes Law mandatory minimum sentencing is a waste because low-level drug offenders are sent to prison at a huge cost to taxpayers.
If you have questions about Amended Three Strikes Law in San Diego, contact San Diego Attorney Vik Monder at 619.405.0063
