Prop 36, New California Law 2024

What does the 2024 Prop 36 do?

• It turns certain misdemeanors into felonies! Prop 47 had some theft crimes such as shoplifting and burglary involving items that are valued less than $950 classified as misdemeanors. Drug possessions (including fentanyl and methamphetamine) are considered misdemeanors. However, Prop 36 will undo a lot of those penalty reductions and turn those misdemeanors into felonies, especially for recidivists (those with similar priors). This could mean a conviction would lead to a sentences of up to three years in county jail or a state prison.

Will Prop 36 mean longer jail time?

• Under Prop 36, if a group of three or more people commit a crime together, such as smash-and-grab robberies, their felony sentences can be extended by up to three years. Under Prop 36, those convicted of selling hard drugs could get a longer sentence based on the amount sold. Prop 36 seeks to require people to serve their time in prison.

Prop 36 and Petty Theft/Shoplifting:

Under Prop 36, certain misdemeanors are turned into felonies. For example, petty theft of items worth $950 or less is a misdemeanor right now. Prop. 36 makes it a felony if you already have two or more convictions for certain theft crimes (such as shoplifting, burglary, or carjacking).

The sentence would be up to three years in county jail or state prison as opposed to the one year in county jail for a misdemeanor right now.

Prop. 36 also allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together for smash-and-grab type of crimes.

Drug treatment-mandated felonies:

People found guilty of possession of certain drugs such as fentanyl, heroin, cocaine, or methamphetamine, and who have two or more past convictions for drug crimes, including possession, would face the choice of going into rehabilitation or prison. Those who finish treatment could have their charges dismissed upon successful completion. Those who do not successfully finish treatment could serve up to three years in state prison.

Warning requirements under Prop 36:

Similar to the warning given to those who get a DUI, this measure requires courts to warn people that they could be charged with murder if they sell or provide drugs that kill someone. The warning would be given to people convicted of selling or providing certain drugs such as fentanyl, heroin, cocaine, and methamphetamine.

Best Criminal Defense Attorney in Orange County for Prop 36

Wais Azami has been a zealous advocate in Orange County and was chosen as the only attorney to be voted as one of the best attorneys by the Orange County Register. Mr. Azami also received Congressional recognition from Senator Michelle Steel for this People’s Choice Award. Attorney Azami only takes enough cases to be able to do the best job possible for you. He has a proven track record and the best reviews. We urge you to read them and contact us for a free consultation today. (714) 321-9999.