Is It Possible to Appeal a Three Strikes Sentence?

If you have been convicted and sentenced under the Three Strikes Law, you can file an appeal of that sentence with the assistance of a seasoned Los Angeles criminal defense lawyer. These appeals can be made under Proposition 36 or on a constitutional basis.

Prop 36 was approved by California voters in 2012. This ballot measure made a number of changes to California’s Three Strikes law. As a result, many crimes that were previously considered strikes are not strikes anymore. If you (or a loved one) have been convicted of a crime that is no longer considered a strike and are currently serving a three strikes sentence, you can appeal that sentence. If your appeal is successful, you may be released early — or even immediately if you have served the sentence for the underlying crime.

Alternatively, if your crime is still considered a strike, then you may appeal the sentence as a constitutional violation. The Eighth Amendment to the U.S. Constitution forbids cruel and unusual punishment. If you received a three strikes sentence of 25 years to life for a crime that would typically result in a relatively short sentence, then your lawyer may argue that the sentence is disproportionate to the crime.

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