Legal Question in Criminal Law in California

The California Legislature specifically stated that the change will not help defendants who were charged with crimes committed before the amendment.

You are referring to Penal Code �12022.6. Prior to the change, it provided for an additional year for theft or property damage in excess of $50,000, and two years if the victims' loss was over $150,000. The legislature increased those amounts to $65,000 and $200,000.

The change in law was contained in Assembly Bill 1705, which states:" It is the intent of the Legislature that the amendments to Section 12022.6 of the Penal Code by this act apply prospectively only and shall not be interpreted to benefit any defendant who committed any crime or received any sentence before the effective date of this act."

It passed in October, 2007 but became effective January 1, 2008.