Do You Still Need a Criminal Defense Lawyer if Prop 36 Changes Sentences?

While Proposition 36 is changing sentences in California, the majority of the changes aren’t in your favor. The new law was passed in 2024 with the goal of discouraging theft and drug crimes, so many of these sentences have been lengthened. Because of this, it’s a good idea to reach out to a criminal defense lawyer in Southern California to ensure your rights are protected.

Proposition 36 is known as the Homelessness, Drug Addiction, and Theft Reduction Act. Passed on November 5, 2024, the law was enacted a little over a month later. There were a few key provisions that changed under the new law.

Because the law is intended to discourage shoplifting rings and smash-and-grab crimes, it turns some instances of petty theft from misdemeanors into felonies. Previously, thefts that were worth less than $950 were charged as misdemeanors. Now, judges have the discretion to add the dollar values from multiple thefts so that the individual can be charged with a felony.

Similarly, there are enhanced charges for people who have been charged with a drug-related offense that involves a firearm. Under Proposition 36’s changes to Penal Code 12022.65, there are sentencing enhancements of two, three, or four years for anyone who steals with at least two other people.

When it comes to Prop 36 and California shoplifting, there are significant sentencing enhancements involved. The biggest exception to this trend is with the new creation of treatment-mandated felonies. Under the new California sentencing guidelines, someone who has already had two other drug convictions can be given a treatment-mandated felony for their third conviction as long as the crime was non-violent.

Because of this, it’s important to partner with the best criminal defense lawyer in Southern California. If your drug or theft case is unsuccessful, you could now receive an enhanced sentence. You don’t want to risk your long-term freedom on poor legal advice.

Additionally, you should work with an attorney so that you can qualify for a new change to drug sentences. With the best criminal defense attorney in California, you can figure out what it takes to qualify for a treatment-mandated felony. If you qualify for this option, you can trade three years of your sentence for drug or mental health treatment.

While treatment-mandated felonies are likely an improvement over prison time, Prop 36 impacts drug crimes in other ways as well. It was designed to be harsher on drug dealers, which is why fentanyl was added to the list of hard drugs in Health and Safety Code section 11370.1. This makes it so that possessing fentanyl along with a firearm can now be charged with two, three, or four years in state prison.

If someone is in possession of fentanyl, the weight involved matters. Prop 36 modified Health and Safety Code section 11370.4 to create drug enhancements worth 3 to 25 years based on the weight of fentanyl involved.

Thanks to new changes in Penal Code section 12022.7, there is now a great bodily injury (GBI) enhancement if the injury was related to drugs. Similarly, judges must now warn dealers of hard drugs that any death that happens from selling or giving drugs can result in murder charges.

Proposition 36 has made major changes to theft and drug laws. A criminal defense lawyer in Southern California can help you determine how Prop 36 impacts your case. Some of the changes can lead to enhanced sentences, so you need professional legal help to learn about your options. If you are eligible for changes like treatment-mandated felonies, you’ll need help with filing a petition for resentencing.

To take the next step in your criminal defense case, give our team of experienced attorneys a call today.