In the last election, voters in California passed a new proposition that makes major changes to California’s Three Strikes Law. Originally passed in 1994, The Three Strikes law was designed to ensure that multiple, serious felony and violent offenders would be imprisoned for a term of 25 years to life. At the time, somebody with two previous felony convictions could be “struck out” if convicted of any new felony charge. The result of this was offenders receiving life sentences for crimes as minor as petty theft with priors.
Now, as the voters of California have passed the new Proposition 36 (which is not the same as Prop 36 back in 2000 which dealt with drug treatment in lieu of prison time) the Three Strikes Law has been amended. The focus is to target third time offenders of a dangerous nature rather than those convicted of other non-violent crimes. Two strike felons who would be eligible to “strike out” and receive a 25-to-life sentence would be those who prosecutors plead and prove are guilty of any of the following:
1. A current offense that involves large amounts of drugs.
2. Most sex offenses.
3. Crime in which defendant used a firearm, was armed with a firearm, or intended to cause great bodily injury to another.
4. If the defendant has a prior conviction for:
a. A sexually violent offense.
b. Any sex crimes with a minor.
c. Any murder or attempted murder.
d. Solicitation to commit murder.
e. Assault with a machine gun on a peace officer.
g. Possessing a weapon of mass destruction.
h. Any serious or violent felony punishable by life imprisonment or death.
Even with the new reform and amendment, California’s Three Strikes Law remains very complex. Considering the weight of the consequences involved, Remedy Bail Bonds always recommends you work with an experienced criminal defense attorney when facing these circumstances.
We’re here to keep you educated and keep you out of jail. 1-800-BAIL-ME-OUT.