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Three Strikes Reform

Three Strikes Reform

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Three Strikes Reform

Proposition 36 passed in November, and thousands of inmates serving life sentences under the old three strikes law are eligible to have their sentences modified so that they can be released. A petition must be filed in the superior court of the County where the conviction occurred. Then, there is a process toward getting the original sentence modified. It's exciting stuff for us in ther criminal defense field.

Proposition 36 does the following:

  • Revises three strikes law to impose life sentence only when new felony conviction is serious or violent.
  • Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and judge determines sentence does not pose unreasonable risk to public safety.
  • Continues to impose life sentence penalty if third strike conviction was for certain nonserious, nonviolent sex or drug offenses or involved firearm possession.
  • Maintains life sentence penalty for felons with nonserious, non-violent third strike if prior convictions were for rape, murder, or child molestation.

If you know a friend, family member or loved one who might be eligible for release under the new law, call attorney Mark Raymond McDonald at 909-890-3500.
"Revises law to impose life sentence only when new felony conviction is serious or violent. May authorize re-sentencing if third strike conviction was not serious or violent."

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