Prop 36 “Three Strikes” law

Posted by Seth Chazin | Dec 10, 2012 | 0 Comments

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Proposition 36, A.K.A. the “Three Strikes Reform Act of 2012 Initiative” passed on November 6, 2012. This new law limits the ability of California courts to impose a life sentence for individuals convicted of certain nonviolent felonies despite having two or more prior serious or violent felonies (or “strikes”) on their record.

A new section (1170.126) of the Penal Code, also permits anyone who is currently serving a life term after being convicted of a qualified nonviolent or non-serious felony who also had two or more qualified prior serious or violent felonies (strikes) on their record to petition for resentencing; unless the court decides that resentence would pose an unreasonable risk to public safety, the court must resentence the person.

This means that if you have two “Strikes” and are arrested for a third felony, and that third felony falls under certain nonviolent categories, the court is not required to impose a life sentence.

In addition, if you or someone you know has been sentenced to a life term under the old Three Strikes law, he or she may be eligible to be resentenced to a non-life term.If you or someone you know falls into this category, we may be able to assist in procuring a lower sentence or to have a previous sentence reduced.

About the Author

Seth Chazin

Seth P. Chazin has aggressively defended clients in thousands of felony and misdemeanor cases for over 25 years. He has extensive experience representing criminal defendants in federal and state court, while handling both state and federal appeals as well.


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Seth P. Chazin is a San Francisco Bay Area Criminal Defense Lawyer with over 30 years experience.

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