Legislative Changes in Felony Law

California is known for its harsh sentencing, with repeat offenders being punished particularly severely. Given the recent passage of an updated Proposition 36, the Golden State will impose increased sentences for drug and retail theft offenses, with hundreds of new laws currently in effect as of the new year (and some before the start of 2025). Given that 20% of criminal defendants win on appeal, which is higher than most states, the chances of escaping a conviction are slim when the weight of evidence is against you.

At Bamieh & De Smeth, PLC, we provide skilled representation to those who find themselves on the wrong side of the law. Our criminal defense lawyers in California are familiar with the recent changes in the state’s felony laws and understand the importance of having experienced counsel by your side.

Proposition 36

Although prior versions of Proposition 36 implemented significant changes, the recent passage has further increased the minimum sentencing for theft and certain drug offenses. Also known as the Homelessness, Drug Addiction, and Theft Reduction Act, Proposition 36 took effect on December 18, 2024. The Act increases penalties for several criminal offenses, some of which are codified under:

Health and Safety Code §11369

Also known as Alexandra’s Law, H&S §11369, a defendant can be charged with murder if they are trafficking a “hard” drug, and someone dies in the commission of the act. Under state law, a “hard” drug includes any substance containing fentanyl, cocaine, heroin, or methamphetamine. 

Health and Safety Code §11370.4

Under H&S §11370.4, drug dealers are held accountable for high-scale operations, especially for specific quantities of heroin, methamphetamine, and fentanyl. Certain quantities carry a statutory minimum of three additional years in state prison.

Penal Code §12022(c)

Under PC §12022 (c), drug dealers found trafficking with a firearm must serve their time in state prison, with the statute requiring an additional term of three, four, or five years. 

Penal Code §490.3

Retail theft involving merchandise valued at $950 or more can be charged as a felony offense. Under PC §490.3, multiple theft offenses can be combined to equal or exceed the $950 statutory threshold for charging as a felony. 

Penal Code §12022.7

PC Code §12022.7, any person who inflicts “great bodily injury” on an individual during the commission of a felony or attempted felony will receive a minimum sentence of three additional years in state prison. 

Serious Representation in the Face of Life-Altering Charges

A criminal charge can result in extensive prison time, substantial fines, and collateral consequences that may prevent you from securing employment in the future. If you are facing criminal charges in California, it is essential to hire experienced representation. At Bamieh & De Smeth, PLC, our California criminal defense lawyers know where to look to find crucial evidence to reduce your liability.

Perhaps the most significant change in recent laws is the implementation of increased penalties for specific drug and theft crimes by introducing wobbler offenses. A wobbler offense is a crime that can be charged as either a misdemeanor or a felony. In the face of these statutory changes, you need aggressive counseling fighting for you.

Charged with a Crime? Contact Our Criminal Defense Attorneys Today

If you have recently been charged with a theft or drug offense in California, it is essential to understand your rights. At Bamieh & De Smeth, PLC, our criminal defense lawyers are dedicated to helping you achieve the best possible outcome and avoid a lengthy prison sentence. If you're interested in learning more, please contact us online or by phone to schedule your complimentary case evaluation.