The California criminal justice system underwent a major change with the passage of Proposition 47 in 2014. The initiative was designed to reduce the state's prison population and provide relief to individuals convicted of certain low-level, nonviolent felonies.
Proposition 47, now codified in California Penal Code 1170.18, reclassified several nonviolent felonies as misdemeanors. It also created a process that allows eligible individuals to petition for resentencing or to seek reclassification of prior convictions.
However, the law contains an important limitation. A judge may deny resentencing if granting the petition would create an unreasonable risk to public safety. In legal discussions, this is commonly referred to as an unreasonable risk of committing a super strike.
In California, this phrase means that a judge believes there is a significant likelihood that the defendant will commit one of the most serious violent crimes defined under California law if released or resentenced.
These crimes, known as “super strikes,” include offenses such as murder, attempted murder, solicitation to commit murder, and certain sexually violent crimes involving children.
Your best chance for a favorable outcome is with an experienced California criminal defense attorney at the Hedding Law Firm. To schedule a consultation, call (866) 986-2092 or use the contact form here.
What Does Penal Code 1170.18 Say?
Proposition 47, codified in Penal Code 1170.18, allows a judge to deny a petition to reduce certain felony offenses to misdemeanors if resentencing would pose an unreasonable risk of danger to public safety.
Resentencing may result in a person's release from prison or county jail, so the court must consider whether the individual poses a serious threat to the community.
Under Penal Code 1170.18, the court may consider several factors when making this determination, including:
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the petitioner's criminal conviction history
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the types of crimes previously committed
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the extent of injuries suffered by victims
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the length of prior prison commitments
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how long ago the prior crimes occurred
The court may also consider:
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the petitioner's disciplinary record while incarcerated
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evidence of rehabilitation during incarceration
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any other evidence the court finds relevant to public safety
The statute defines “unreasonable risk of danger to public safety” as an unreasonable risk that the person will commit a new violent felony described in Penal Code 667(e)(2)(C)(iv), commonly referred to as a super strike.
Proposition 47 and Its Impact
Proposition 47 reclassified several nonviolent offenses, including certain drug possession crimes and property offenses involving less than $950, from felonies to misdemeanors.
People previously convicted of these offenses were given the opportunity to petition the court for resentencing or reclassification of their convictions.
If the petition is granted, the felony conviction is reduced to a misdemeanor. This can lead to several benefits, including:
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reduced criminal penalties
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potential release from custody
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improved employment opportunities
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fewer long-term consequences from a felony conviction
However, resentencing under Proposition 47 is not automatic. Judges retain the authority to deny petitions if they determine that releasing the individual would pose an unreasonable risk of committing a super strike.
What Is a Super Strike?
Under California law, a “super strike” refers to some of the most serious and violent felony offenses identified in the state's Three Strikes law.
Penal Code 667(e)(2)(C)(iv) lists these offenses, which include:
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sexually violent offenses
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oral copulation, sodomy, or sexual penetration with a child under 14 when the defendant is more than 10 years older
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homicide offenses, including attempted homicide
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solicitation to commit murder
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assault with a machine gun on a peace officer or firefighter
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possession of a weapon of mass destruction
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any serious or violent felony punishable by life imprisonment or death
Because these crimes involve extreme violence or danger, courts are particularly cautious when deciding whether a person may safely be resentenced or released.
What Does “Unreasonable Risk to Public Safety” Mean?
The phrase “unreasonable risk” refers to the possibility that releasing or resentencing a defendant could lead to serious harm to the public.
Under Proposition 47, the risk specifically refers to the likelihood that the person will commit a super strike offense.
When evaluating this risk, judges often consider:
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the defendant's criminal history
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prior violent behavior or escalating conduct
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psychological evaluations or risk assessments
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the circumstances surrounding the current offense
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evidence of rehabilitation
The court must make a forward-looking decision about whether the individual presents a substantial danger to the community.
Example of an Unreasonable Risk Determination
Consider a person convicted of felony shoplifting involving property worth $700. Under Proposition 47, the offense may be reclassified as a misdemeanor.
However, during the resentencing process, the prosecution presents evidence that the individual has a history of violent conduct, including prior assault convictions and threats of violence.
Suppose the defendant was also found carrying a weapon during the shoplifting incident or has a record showing escalating violent behavior.
After reviewing the evidence, the judge may determine that resentencing the defendant creates an unreasonable risk that the person could commit a serious violent offense in the future.
Based on that finding, the court may deny the resentencing petition.
Judicial Discretion in Prop 47 Cases
Judges have broad discretion when deciding whether a petitioner poses an unreasonable risk of committing a super strike.
Each case is evaluated individually, and courts may weigh many different factors related to the defendant's past conduct, current circumstances, and potential risk to public safety.
Because of this discretion, outcomes can vary significantly from case to case.
Why Legal Representation Is Important
If you are petitioning for resentencing under Proposition 47 and have a criminal history that may raise concerns about public safety, it is important to seek representation from an experienced criminal defense attorney.
A lawyer may be able to:
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evaluate whether you qualify for resentencing
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present evidence showing rehabilitation and reduced risk
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challenge claims that you pose a danger to the public
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ensure the court considers accurate and complete information
Evidence such as participation in treatment programs, employment history, educational achievements, and community involvement may help demonstrate that resentencing would not create an unreasonable risk.
Contact a California Criminal Defense Lawyer
If you are seeking resentencing or relief under Proposition 47, legal guidance can be critical to the outcome of your case.
For more information, contact the Hedding Law Firm, a criminal defense law firm located in Los Angeles, California, to discuss your options and determine whether you may qualify for resentencing.
Related Content
People v. Strother (2021) 72 Cal.App.5th 563. This case discusses how courts evaluate whether a petitioner presents an unreasonable risk to public safety when seeking resentencing under Proposition 47.
