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Proposition 36 and Its Impact on Felony Sentencing in California

By Los Angeles Criminal Defense Attorney on June 10, 2025

Judge’s gavel with legal scales and professionals in the background.

California’s criminal justice system has long grappled with the balance between public safety, fairness in punishment, and mass incarceration. At the heart of this conversation is Proposition 36, a law that reshaped how repeat felony offenders are sentenced.

Proposition 36 has been a turning point in California criminal law since its passage in 2012. If you or someone you know is facing felony charges, understanding the Prop 36 effects on sentencing and eligibility can be the difference between decades behind bars and a path toward reform.

At Werksman Jackson & Quinn LLP, we represent individuals accused of serious crimes in California, providing aggressive and strategic defense tailored to the evolving legal landscape.

What Is Proposition 36?

Proposition 36, also known as the Three Strikes Reform Act of 2012, was a voter-approved measure aimed at correcting one of the most controversial aspects of California’s criminal code: the mandatory life sentence for any third felony under the original Three Strikes law, even for nonviolent crimes.

Key Reforms Under Proposition 36

This reform was monumental. It offered hope to thousands of incarcerated individuals and signaled a shift in California’s approach to felony sentencing reform from automatic punishment to more nuanced adjudication.

Provisions of the law include:

  • A third-strike felony now must be serious or violent to trigger a 25-to-life sentence.
  • Individuals already serving life sentences for non-serious, nonviolent third strikes can petition for resentencing.
  • Judges retain discretion to deny resentencing if the individual poses an unreasonable risk to public safety.

Proposition 36 in 2025: What’s Changed?

Today, the legal and social impact of Prop 36 continues to evolve. While the initial wave of resentencing petitions brought relief to thousands, the law still operates within a complex framework influenced by:

  • Judicial discretion
  • Prosecutorial opposition
  • Public perception of crime
  • Legislative amendments

Proposition 36 did not eliminate the Three Strikes law—it narrowed it. This means individuals still face severe penalties if they have prior strikes and commit new serious or violent felonies.

Having a skilled criminal defense team is essential if you’re at risk of triggering these sentencing guidelines.

How Proposition 36 Affects Felony Cases

If you’re facing felony charges in California and you have prior strike convictions, Proposition 36 significantly impacts your exposure to enhanced sentencing. Here’s how:

A Third Strikes Must Be Serious or Violent

Previously, a third strike—even for minor drug possession or shoplifting—could result in life in prison. Now, under Prop 36, a defendant’s third offense must fall under the state’s list of “serious” or “violent” crimes to qualify for the harshest penalty.

Examples include:

If the third felony does not meet that threshold, the sentence must follow standard guidelines.

Prosecutors Must Prove Strike Allegations

Your Los Angeles criminal defense attorney can now challenge the validity of prior strikes more effectively. If there’s a question about whether a past conviction qualifies as a strike under California criminal law, this can be grounds for reducing the charge or avoiding enhanced penalties.

Mitigation Factors Really Matter

Judges have more discretion under Prop 36, meaning a strong mitigation strategy can influence whether enhanced sentencing applies or not. At Werksman Jackson & Quinn LLP, we craft persuasive, evidence-backed narratives about our clients’ lives, challenges, and progress toward rehabilitation.

Resentencing Under Proposition 36

One of the most important components of Prop 36 is its retroactive application, which allows inmates serving life sentences for third strikes involving nonviolent felonies to file for resentencing under the new criteria.

Eligibility for Resentencing

Thousands of petitions have been filed since the law’s passage, and many inmates have been released or had their sentences significantly reduced. Eligibility for resentencing includes:

  • The third felony must not be “serious” or “violent.”
  • The inmate must not have prior convictions for certain offenses (e.g., murder, rape, child molestation).
  • The court must determine that resentencing does not pose an “unreasonable risk of danger to public safety.”

Our criminal defense firm handles these complex resentencing petitions, ensuring clients present the strongest possible case for relief—supported by psychological evaluations, prison behavior records, and post-release planning.

The Current Legal Atmosphere for Criminal Defense Cases

Despite the reforms introduced by Prop 36, felony sentencing in California remains politically charged. Rising concerns over organized theft, violent crime, and drug-related offenses have led to calls for tougher penalties. Some legislators have introduced bills to:

  • Expand the definition of “serious” or “violent” felonies
  • Make certain theft crimes strikeable offenses
  • Limit parole eligibility for individuals with prior strikes

These shifts underscore why early legal intervention is critical. If you are arrested for a felony and have past strike convictions—even if they’re decades old—your sentencing exposure could be dramatically higher than someone without a record.

Building a Solid Defense Strategy for Our Clients

At Werksman Jackson & Quinn LLP, we defend clients in the most challenging felony cases statewide. Our experience with high-profile criminal trials gives us unique insight into how to fight back against enhanced sentencing.

Verify and Challenge Prior Strikes

Not all prior convictions qualify as strikes. Our Los Angeles felony defense lawyers conduct thorough record reviews to determine whether past offenses meet the legal definitions under California law.

File Pretrial Motions to Limit Enhancements

We challenge strike allegations and seek pretrial rulings to exclude or reduce enhancements, often resulting in dramatically reduced sentences.

Use Forensics and Expert Testimony

From digital evidence to psychological assessments, our legal team uses every tool at our disposal to create a full picture of the defendant—not just the charges.

Mitigate With Compelling Life Evidence

If a client has endured trauma, achieved rehabilitation, or demonstrated remorse, we highlight this as part of the defense and sentencing mitigation strategy.

Reasons to Choose Werksman Jackson & Quinn LLP

Few law firms are as experienced—or as respected—in defending clients against major felonies in California. Our attorneys have handled high-profile cases involving complex charges, extensive media attention, and years of potential incarceration.

We are aggressive litigators, meticulous investigators, and masterful courtroom advocates. When your future is on the line, we deliver the strategy, strength, and focus needed to protect it.

Speak With Our Trusted Criminal Defense Attorneys in Los Angeles

A single mistake shouldn’t define the rest of your life. Let our law firm help you fight back with intelligence, experience, and the full force of the law behind you. Call Werksman Jackson & Quinn LLP today at (213) 688-0460 to schedule your consultation.

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