Can You Get a Sentence Reduction Under Prop 36? Your Guide to Resentencing

When it comes to Proposition 36 and sentence reduction, you should consult with your attorney. Under Proposition 36, many charges are receiving harsher sentences. Additionally, Prop 36 is changing some wobbler offenses so that they will be charged as felonies. To understand how Prop 36 affects your case, reach out to an experienced criminal defense attorney in Orange County.

Under Proposition 36, California increased the penalties for drug crimes and theft. Fentanyl was added to the list of drugs that would lead to a felony. If someone has heroin, cocaine, methamphetamine, or fentanyl in their possession alongside a loaded firearm, they can be punished by as much as four years in prison.

Before Proposition 36, the maximum punishment for fentanyl possession with a loaded firearm was a maximum of a year in jail. Defendants can also expect to spend longer in the California Department of Corrections and Rehabilitation (CDCR) facilities if they have larger quantities of drugs, even if they don’t have a criminal history.

Another one of the Prop 36 results is that theft and shoplifting receive harsher sentences. Under the new law, stealing less than $950 in merchandise results in an automatic felony if the individual has two or more theft-related convictions already. Once convicted, they can serve up to three years in prison or jail. In the past, the same conviction led to only a maximum of six months in jail.

In 2014, California passed Proposition 47. Under Prop 47, there was a drastic reduction in sentencing requirements for crimes involving drugs, theft, and shoplifting.

Prop 47 sought to avoid criminalizing homelessness and addiction by reducing the sentencing requirements. The law focused on shoplifting and petty theft that involved $950 or less. It also allowed for sentencing reductions for drug possession, forging or writing bad checks worth less than $950, or receiving stolen property worth less than $950.

The same CDCR sentence reduction options do not apply to Prop 36. Proposition 36 and sentence reduction essentially went in the opposite direction. For instance, Proposition 47 had turned most thefts involving $950 or less into misdemeanors. Under Prop 36 and Penal Code section 666.1, these crimes were transformed into felonies if the individual had two or more convictions for theft-related crimes.

In recent years, California has had many stories about group shoplifting and theft rings in the news. Proposition 36 is designed to target these group rings by increasing the penalties involved. If someone shoplifts or commits theft in a group with three or more people, then the sentencing increases by an extra three years.

At its heart, Proposition 36 has essentially reversed many of the provisions in Proposition 47. While Proposition 47 sought to give people second chances so that they could become productive members of society, Proposition 36 is intended to come down harder on people who commit theft and drug crimes. Because of this, many opponents of the law say that it essentially criminalizes addictions and homelessness.

Absolutely. Prop 36 was just enacted on December 18, 2024. Many of its provisions supersede previous laws, such as Proposition 47. Unfortunately for anyone charged with a crime, many of these provisions are stricter, making inmate sentence reduction less likely.

However, there is one important exception. Prop 36 makes updates to the Three Strikes Law. As long as the offender committed non-serious, non-violent offenses, they can get their life sentence reconsidered.

When it comes to Proposition 36 and sentence reduction, you need the best legal assistance possible. Unfortunately, Prop 36 has made sentencing stricter, with lengthier sentences for many crimes. If you are facing drug or theft-related charges in court, there is a risk that you will end up going to jail or prison for a longer period of time.

Rather than put your freedom at risk, seek professional legal help right away. With the assistance of an experienced attorney, you can get a careful review of your case and learn more about what to expect.