California’s Three Strikes Law: Current Impact and Recent Changes

The “three strikes” law in California has had a significant impact on the state’s criminal justice system. Implemented in 1994, the law mandates harsher sentences, including life imprisonment, for people convicted of a third felony offense. While the law was initially aimed at deterring repeat offenders and protecting public safety, it has faced criticism for its overly punitive nature and disproportionate effect on communities of color. Recently, however, there have been some changes to the law, including a 2012 amendment that allows for re-sentencing of certain non-violent third-strikers. If you or a loved one is facing a third strike under California law, contact the Law Office of William Bruzzo to get a compassionate and zealous Orange County criminal defense attorney in your corner.

Impact of the Three Strikes Law

The three strikes law was enacted in California in 1994 to impose longer prison sentences on repeat offenders with multiple prior serious or violent felony convictions. The law requires a minimum sentence of 25 years to life for third-time offenders. Since its implementation, over 80,000 second strikers and 7,500 third strikers have been sent to state prison. Black Americans make up the largest group of strikers, followed by Hispanics and whites.

The law has led to an increase in the average length of stay in prison and an aging inmate population. It has also resulted in significant fiscal costs for the state and local criminal justice systems, with estimated additional operating costs of about half a billion dollars annually. However, the impact of the law on public safety is still unclear, with conflicting research on its effectiveness in reducing crime.

Based on research from the California Policy Lab, here are some findings on the impact of three strikes in California:

• Three strikes legislation is not connected to or related to declines in crime across California in recent years.
• Despite recent reforms restricting the application of third-strike enhancements for non-serious, non-violent felonies, doubled-sentence enhancements are still handed out for less serious crimes.
• While judges and prosecutors can reduce the three strikes enhancements to some degree, the impact on sentence length has been minimal.
• Roughly 60% of people currently incarcerated on a third-strike enhancement (about 5,000 people) were convicted before 2006, reflecting the excessive sentences associated with a third strike as well as the reduced probability of getting a third-strike enhancement since Prop 36 became law.
• Criminals serving a third-strike enhancement are generally older (over 55) and make up 37% of people serving sentences over 20 years.
• Thirty-six percent of incarcerated people had their sentences increased because of the three strikes legislation in January 2022.
• Considering the population of California and our prison population, Black Californians are disproportionately impacted by three strikes penalties. They are significantly over-represented among those serving third-strike enhanced sentences, as well as among those burdened with a double-sentence enhancement.
• Of incarcerated people with a doubled-sentence enhancement in California, approximately 65% are doing time for non-violent, non-serious crimes. 

Prop 36

Proposition 36, also known as the Three Strikes Reform Act, was passed by California voters in 2012 with the aim of amending the state’s controversial three strikes law. Under the original law, people convicted of a third felony, regardless of the severity, faced a mandatory sentence of 25 years to life in prison. However, Prop 36 introduced important changes to this harsh sentencing practice.

One significant change introduced by Prop 36 is that a third strike offense must now be a serious or violent felony in order to trigger the mandatory life sentence. This means that non-violent offenses, such as theft or drug possession, will no longer result in a life sentence. Instead, these offenders may be sentenced to double the normal term for their current offense. For example, someone convicted of theft as a third strike offense can face a sentence of 10 years instead of life in prison.

Prop 36 also allowed people who had previously been sentenced to a third strike for a non-serious or non-violent felony to petition for resentencing. This has given many people serving long prison sentences a chance to have their cases reviewed and get released earlier. The success of these petitions depends on various factors, including the nature of the original offense, the person’s behavior in prison, and the potential risk to public safety if they were to be released.

California SB483

In recent years, another significant change our team has noted as an Orange County criminal defense lawyer is the significant changes that came with the passage of Senate Bill 483 (SB483). This legislation aims to address some of the concerns and criticisms surrounding the original law, providing a more fair and proportionate approach to sentencing for certain non-violent offenses.

Again, under the revised three strikes law, the third strike must now be a serious or violent felony in order for the offender to receive a mandatory life sentence. This change ensures that people convicted of non-violent offenses do not face excessive and disproportionate punishments that may not align with the severity of their crimes. SB483 acknowledges the importance of allowing for individual circumstances and rehabilitation opportunities.

Variation in Implementation Across Counties

One important aspect to consider is that there is significant variation in how the three strikes law is implemented across different counties in California. Some prosecutors and judges use more discretion than others when deciding whether to apply the law to a particular case. This means that the potential consequences of a third strike conviction can vary significantly depending on where the case is heard. It highlights the importance of having a skilled, wise, experienced Orange County criminal defense attorney who understands the intricacies of the law and can maximize their knowledge of the local legal landscape to your benefit.

Experienced Legal Representation: Your Orange County Criminal Defense Attorney

If you are facing charges under California’s three strikes law in Orange County, the Law Office of William Bruzzo has the experience, support, guidance, and advocacy you need to avoid being unfairly sentenced. We have a highly-motivated and reputable legal team familiar with the three strikes laws and nuances. Contact an Orange County criminal defense lawyer today to schedule a free legal consultation and discuss your case, options, and rights. Let us fight for you and help you step into a brighter future.