Resentencing Can Still Be Refused To Inmates Convicted Under the Prior Three Strikes Law (California Penal Code 1170.126)

Prior to Proposition 36, the old “Three Strikes Law” required you to be sentenced to 25 years to life in prison if you were convicted of any felony and had two prior “strike convictions.” Now, under the new Three Strikes Law if you have two prior strike convictions, and are convicted of a third felony that is not violent or serious, you will instead get a second strike sentence, which is double the usual sentence imposed for the current offense.

The new Three Strikes Law applies even if you were sentenced prior to the change in the law under Proposition 36. If you were previously sentenced under the old Three Strikes Law you can apply  to be resentenced if:

- Your current felony was not “serious” under PC 1192.7 or “violent” under PC 667.5,
- Your current felony was not an offense that still gets a third strike life-term, and
- You have no prior convictions that still cause a third strike life-term.

However, even if you are eligible for resentencing, the court can still refuse to resentence you if the court determines that you would pose an “unreasonable risk to public safety.” See PC 1170.126(f). The court may look to your criminal history, your prison record and any other relevant factors to determine if you pose a threat to public safety. See PC 1170.126(g). If the court finds that you are not a threat to public safety and should be re sentenced, you will be subject to a second strike sentence.

Our law firm is already working with clients who are seeking to be released from custody or have their prison sentences greatly reduced under this new law. This is the time that you need to act on behalf of your loved one to see if he or she may qualify for re-sentencing and a chance at their freedom.

If you or a loved one is eligible for resentencing for a prior third strike offense, it is important that you contact an experienced three strikes defense attorney. The attorneys at Wallin & Klarich have over 40 years of experience successfully defending clients in three strike cases. We have offices in Los Angeles, San Bernardino, Riverside, San Diego, Ventura and Orange County. Call us today at 1-888-749-0034. We will be there when you call.