New Prop 36 Changes in California Criminal Defense
In California, you can again be charged with a felony for petty theft. Under Proposition 36, which was passed by California voters on the November 5th election, there are new penalties for some repeat drug and theft offenses. Currently, petty theft (theft of items worth an aggregate of $950 or less), is generally a misdemeanor. However, the new law will make this offense a “wobbler” (an offense that can either be a misdemeanor or a felony) if the defendant has two prior convictions, regardless of the value of the items. This means that a repeat offender can be convicted of felony if they are found guilty. Under the new law, there is a “three strikes” theory as applies to theft. This means that if you have two prior theft conviction of any kind, from any time, you can now be charged with a felony for a new petty or grand theft.
The same concept is true for some simple possession of drug offenses. With prior convictions, the new charges can now be filed as felonies. There are also new changes to some sentencing schemes. Particularly, the law focuses on fentanyl. Prop 36 lowers the threshold for a weight-based drug sentencing enhancement for fentanyl from one kilogram to one ounce. This sentencing enhancement begins at three extra years, and it can increase all the way up to 25 years, depending upon drug quantity.
Despite the negative aspects of the new law, people convicted of the new “treatment-mandated felony” for drug possession who agree to the court’s treatment program can have their charges dismissed. This applies to the possession or sale of heroine, cocaine, and cocaine base. Courts can only incarcerate someone under these conditions if they determine that the defendant is “not eligible or suitable for treatment”.
Navigating the judicial system, the changes in recent laws and the potential punishments can be daunting. Call a lawyer who does this type of thing every day and has been doing it for decades.
Attorney Jeffrey Vallens (818) 783-5700 or (805) 230-3651 or email us at: jv@4criminaldefense.com and visit our sites: www.4criminaldefense.com or www.westlakecriminaldefense.com