Requiring that the third strike actually be serious or violent restores some sanity to California sentencing which is actually quite tough. There stories of people who committed relatively minor offenses, stealing golf clubs or videos, who received terms of 25 to life. Now in order to trigger that penalty the new offense cannot be relatively minor.Ask a similar question
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Prior to the passing of Proposition 36, California was the only state not requiring that a 3rd strike be serious or violent. As a result, there were many people sentenced to life in prison for what most people consider "minor" crimes, (e.g. petty theft [with a prior], theft offenses, drug offenses, etc.). Our office represents several candidates for resentencing and some of them have served upwards of fifteen years towards a life sentence, which today after the passing of Prop. 36, would only get them a maximum of six. Two of our clients have already been released to join the family members that stood by them for more than a decade. I'm happy to answer any other questions you may have.
Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information provided here is for general purposes only.Ask a similar question