California Proposition 36: Increasing Drug Penalties
Understanding Proposition 36 and Its New Penalties for Los Angeles Residents
On November 5, 2024, California voters approved Proposition 36, introducing stricter penalties for repeat offenses, particularly for theft and drug-related crimes. This law aims to address issues like retail theft and fentanyl-related drug offenses, which have become increasingly concerning throughout the state.
Proposition 36 targets repeat offenders by reclassifying certain misdemeanors as felonies for individuals with prior convictions, especially for those involved in retail theft or synthetic opioid cases. For individuals who might have previously received lighter sentences under Proposition 47, Proposition 36 imposes much stricter consequences, marking a shift towards tougher enforcement for repeated theft and drug-related crimes.
What Proposition 36 Changes for Repeat Offenders
Prop 36 directly impacts repeat offenders in Los Angeles, especially for theft and drug-related charges. For example, if you have prior shoplifting or petty theft convictions, Prop 36 allows prosecutors to file felony charges for new offenses, even if the stolen property is under $950. This is a change from previous law, where such offenses might have stayed misdemeanors under Penal Code §459.5. Now, with Penal Code §666, also known as “petty theft with a prior,” a new offense could mean a felony with up to 3 years in prison and fines reaching $2,000.
For repeat drug offenses involving fentanyl, Prop 36 also mandates stricter sentencing. Under Health and Safety Code §11350, someone with a prior conviction for fentanyl possession can face a felony charge and a potential prison sentence of up to 4 years. Those caught with fentanyl with intent to sell may face even harsher penalties, including prison terms of up to 5 years, under Health and Safety Code §11352. Prop 36 targets individuals with previous offenses, aiming to deter repeat crimes by treating them more severely.
Prop 36 vs. Prop 47: What’s Changed for Defendants in Los Angeles
In 2014, California enacted reforms to reduce prison overcrowding and focus on rehabilitation for non-violent offenses. Certain low-level thefts and personal drug possession charges were reclassified as misdemeanors if the stolen property’s value was under $950 or the drugs were for personal use. This allowed individuals with minor, non-violent offenses to avoid felony convictions and the severe penalties that come with them, such as long-term prison sentences.
Recently, however, stricter sentencing guidelines have been introduced, particularly for repeat offenders. In response to concerns over rising retail theft and the opioid crisis, lawmakers reinstated felony charges for repeat theft and drug-related offenses, particularly those involving fentanyl. Under these new guidelines, repeat petty theft offenses may now be charged as felonies based on Penal Code §666, even if the stolen items are of low value, carrying possible prison terms of up to 3 years. For those with prior drug convictions, particularly related to fentanyl, Health and Safety Code §11350 and §11352 now allow for enhanced penalties aimed at deterring repeat offenses.
This shift marks a significant move back toward felony sentencing and longer prison terms for defendants with multiple prior offenses, reversing the lighter approach of recent years.
How Proposition 36 Impacts Defendants
Under previous guidelines, thefts under $950 and small amounts of drugs for personal use were treated as misdemeanors, leading to shorter sentences, lower fines, and often no jail time. The resources saved by reducing incarceration costs were directed toward rehabilitation services, including drug treatment and mental health programs.
Now, recent changes bring significant consequences for repeat offenders in California. Individuals with a history of theft or drug convictions are seeing stricter penalties. A person with multiple shoplifting or petty theft offenses, for example, could now face a felony charge for reoffending, even if the stolen item is under $950. For those with prior drug convictions, particularly involving fentanyl, the penalties escalate quickly, allowing new charges to be filed as felonies with longer prison sentences.
This shift creates harsher outcomes for defendants with repeat offenses. What may have once resulted in a misdemeanor now leads to extended jail time, larger fines, and a lasting felony record—making it more challenging for individuals with prior convictions to avoid severe consequences under California’s tougher sentencing laws.
Legal Defense Options for Los Angeles Residents Charged Under Proposition 36
Although Proposition 36 brings stricter penalties, certain cases—especially those involving drug-related offenses—may still allow for alternative sentencing. Courts often recognize that addiction is a core issue behind many repeat drug offenses, and some judges are willing to prioritize treatment over jail time in specific cases. If you have a history of addiction, a court-ordered drug treatment program could be an option, especially if you’re facing a repeat offense for a substance like fentanyl. This approach can provide the structured support needed to address addiction while helping you avoid a lengthy prison sentence.
For repeat offenders, Proposition 36 significantly raises the stakes, as many charges that would have been misdemeanors in the past are now treated as felonies. This change makes experienced legal representation critical. Our criminal attorney at The Law Offices of Arash Hashemi is well-versed in the details of Proposition 36 and understands how to navigate these specific charges. We analyze each client’s prior convictions, identify any legal defenses, and work strategically to reduce charges or reclassify offenses wherever possible.
When alternative sentencing is available, we advocate on behalf of our clients to pursue treatment programs, reduced charges, or other options that minimize the impact of a felony conviction. Each case is unique, and we approach every defense with a focus on securing the most favorable outcome.
For those in Los Angeles facing charges under Proposition 36, consulting an experienced criminal defense attorney who knows how to handle these specific challenges is essential.
Avoid Severe Penalties Under Proposition 36 – Contact Our Los Angeles Criminal Defense Attorney Today
At The Law Offices of Arash Hashemi, we have extensive experience defending clients under the latest changes in California law, specifically targeting repeat theft and drug offenses. Attorney Hashemi will thoroughly analyze your case, challenge weaknesses in the evidence, and explore all defense options to minimize or dismiss the charges. Whether it involves negotiating for alternative sentencing or reducing a repeat offense from a felony to a misdemeanor, our goal is to protect your rights and help you achieve the best possible outcome. To discuss your case and learn about your legal options under Proposition 36, call us at immediately or schedule a consultation through our online booking system. We serve clients throughout Los Angeles, including Santa Monica, Beverly Hills, and Westwood.
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