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January 1, 2024

How Will the New California Law (Prop 36) Impact Felony Charges?

You’re facing a felony theft charge because of a simple misstep, and now the weight of potential imprisonment and a criminal record is pressing down on you. Now, picture a new path forward, one paved by Proposition 36, offering a chance for reduced penalties and a step back from the brink.

If you are concerned about felony theft, nonviolent drug offenses, or habitual offender laws, Prop 36 in California is reshaping the landscape of felony charges in the state, and understanding its implications will help you understand your case and make more informed decisions.

Understanding Prop 36 in California: What Changed?

California introduced Proposition 36 in 2024 in an effort to create a fairer criminal justice system. Officially titled the Homelessness, Drug Addiction, and Theft Reduction Act, this law took effect in December 2024 and fundamentally reshaped sentencing for specific nonviolent felonies. It directly addresses concerns about overly harsh penalties, particularly under the Three Strikes Law, by prioritizing rehabilitation and reducing reliance on incarceration for nonviolent offenders.

The key goals of Prop 36 California include:

• Reducing prison overcrowding by eliminating life sentences for nonviolent third-strike offenders;
• Offering alternative sentencing options, such as rehabilitation programs; and
• Allowing eligible inmates to petition for resentencing.

This law does not eliminate penalties but ensures that sentencing is more proportionate to the offense. It also allows some offenders, if eligible, to seek a shorter sentence or alternative sentencing instead of prison time.

What Is a Felony in California? Understanding the Charges

To understand how Proposition 36 impacts felony charges, it’s essential to first define what constitutes a felony in the state. Under California Penal Code § 17, a felony is a serious crime punishable by more than one year in state prison. Let’s look at some common felonies.

Felony Theft in California

Previously applied to stolen property worth $950 or more, California’s Prop 36 raises the threshold for felony theft, making shoplifting, grand theft, and auto theft felonies only if the stolen property is valued at $50,000 or more. Theft offenses below this amount may now be charged as misdemeanors unless aggravating factors—such as violence or firearm involvement—apply.

Drug-Related Felonies

Drug-related felonies include possession with intent to sell, manufacture, or distribute controlled substances. These offenses often carry severe penalties due to the ongoing public health concerns associated with drug trafficking.

White-Collar Crimes

Fraud, embezzlement, and identity theft involve financial deception and can cause significant economic harm. These crimes are often complex and require thorough investigation and prosecution.

Violent Felonies

Violent felonies include assault with a deadly weapon or robbery, which involve physical harm or the threat of harm to others. It’s important to remember that these violent felonies are not eligible for Prop 36 relief because such relief is specifically focused on nonviolent offenses.

Understanding how Prop 36 applies to your case is crucial for determining your legal options when facing a felony charge.

How Prop 36 Affects Felony Sentencing and Early Release in California

Resentencing for Nonviolent Third-Strike Offenders

Under California’s previous Three Strikes Law, a third felony conviction—even for a nonviolent offense—could result in life in prison. Proposition 36 changes this situation by allowing eligible offenders to petition for resentencing, aligning their punishment with standard felony sentencing guidelines rather than automatic life imprisonment. This reform prevents excessive sentences for those whose third strike was a nonviolent offense.

Alternative Sentencing for Drug and Theft Crimes

Instead of mandatory incarceration, Prop 36 promotes rehabilitation and treatment programs for nonviolent offenders. Under this reform:

• Felony drug possession cases may result in court-ordered treatment instead of jail time; and
• Felony grand theft charges may result in probation rather than state prison, particularly if the value of the stolen property is under $50,000.

This shift emphasizes rehabilitation over punishment, addressing the root causes of offenses through drug treatment, community service, and restorative justice programs.

Parole and Early Release Options

Inmates with life sentences for nonviolent offenses under the Three Strikes Law can seek resentencing under Prop 36. If approved, they may receive early release based on time served, which helps reduce California’s prison overcrowding and ensures fair sentencing practices.

Who Qualifies for Relief Under Prop 36?

Not all felony offenders benefit from Proposition 36. You may qualify for relief under this new provision if:

• Your third strike offense was nonviolent;
• You are serving a life sentence under the Three Strikes Law for a minor offense and qualify for resentencing; or
• You were convicted of felony theft but have no serious prior convictions.

However, violent crimes such as murder, sexual assault, and weapon-related offenses are not eligible for relief under the law.

Protect your Future

While Prop 36 in California provides relief, resentencing is not automatic. It requires taking on a complex and sometimes unforgiving legal system. But you don’t have to do it alone. At the Law Offices of Jennifer R. Solomon, our dedicated team will help in the following ways.

Assess Your Eligibility

We’ll conduct a comprehensive evaluation of your case to assess if you meet the specific criteria for relief under this new law. Additionally, we’ll ensure a clear understanding of how the law applies to your unique circumstances.

File Necessary Petitions

Our firm will prepare and file all necessary legal documents for resentencing or alternative sentencing with the court. We take charge of the procedural aspects of your case to enhance your chances of a favorable outcome, ensuring precision and timeliness.

Advocate for Rehabilitation

Our team will actively advocate for your placement in rehabilitation programs instead of jail time, presenting compelling arguments for alternative sentencing. We’ll highlight your commitment to reform and the benefits of community-based solutions over incarceration.

If you or a loved one is facing felony charges, Proposition 36 may offer a path to a reduced sentence or alternative sentencing. Our firm fights for justice and ensures nonviolent offenders receive fair sentencing. Every case is unique—so call us today for a free 15-minute consultation to determine how Prop 36 California could help your case.

Frequently Asked Questions

Does Prop 36 Eliminate All Felony Sentences?

No. Prop 36 only modifies sentencing for certain nonviolent felonies, primarily impacting Three Strikes offenders and individuals convicted of minor drug or theft crimes.

How Do I Apply for Resentencing Under Prop 36?

You must file a petition for resentencing with the court. The judge will review the case and determine if you qualify for reduced sentencing or alternative options.

Will Prop 36 Apply to New Felony Charges?

Yes. Courts must consider Prop 36 sentencing guidelines when determining penalties for eligible offenses.

Resources: 

• Sheriff’s Message on Commencement of Proposition 36. Orange County Sheriff’s Department (2024), link
• California Proposition 36, Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative (2024). Ballotpedia, link
• Office of the Public Defender, San Diego County, Three Strikes Law, a Summary, link
• Information Bulletin Prop 36. Riverside County District Attorney Office (2024), link
• Understanding Proposition 36. California Budget & Policy Center (2024), link
• Proposition 36. Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute.The California Legislature’s Nonpartisan Fiscal and Policy Advisor (2024), link