Hope For Those Convicted Of Certain Felonies: Prop 47 Reduction
Reduce Felony Drug & Theft Charges
Proposition 47 was passed on November 5, 2014 by California voters and resulted in changes to how certain felonies are charged.
Prop 47 reclassifies some drug possession crimes, as well as “non-serious and nonviolent property crimes” from felonies to misdemeanors.
In addition to applying to future crimes, Prop 47 allows those individuals already sentenced and currently serving time or who have already completed their sentence to petition the court as well. However, the reduction is not automatic. The defendant must petition the court to have their sentenced reduced. If you or a family member are in this situation and currently serving you must act.
In order to qualify for the sentence reduction you must not have been convicted of a violent or sexual crime in the past. Also, if you are currently serving your sentence, a judge must determine that you would not pose an unreasonable risk of danger to public safety.
There is only a three-year window in which you are permitted to petition the court.
Under Penal Code Section 1170.18, (Prop 47) the following felony convictions may be reduced to misdemeanors for qualified individuals:
H&S 11350: Possession of a Controlled Substance
H&S 11357: Possession of Marijuana
H&S 11377: Possession of Methamphetamine
PC 459.5: Burglary
PC 473: Forgery
PC 476a: NSF Checks
PC 490.2: Grand Theft not exceeding $950
PC 496: Receiving Stolen Property not exceeding $950
PC 666: Petty Theft not exceeding $950 may be eligible to have the felony conviction designated as a misdemeanor and/or resentenced as a misdemeanor.
At the Law Offices of David Borsari, I am prepared to help you with your Prop 47 case. To see if you qualify for having your conviction of pending felony reduced under Prop 47, contact me by phone at 714.606.2446 or email me. I promptly return phone calls and emails. I have flexible office hours, and I will be happy to discuss your case with you.
Prop 47 Retroactively Applies
Prop 47 does retroactively apply to felony convictions in your past. Thus, we can use Prop 47 to reduce an old felony down to a misdemeanor no matter how old the crime is.
If you are currently serving a prison sentence due to a conviction under one of the above mentioned crimes, we can petition the court under Prop 47 to have your crime re-sentenced. This will allow us to terminate your prison term and will place you instead on simple misdemeanor probation. If you are currently serving a prison sentence due to a conviction under one of the above specified crimes, call me at 714.606.2446.
Three Year Time Limitation
The legislature is only allowing a 3 year window for people to petition the court to get a qualifying felony re-sentenced /reduced under Prop 47 and thus, it is critically important to move quickly under Prop 47.
PC 17(b) Felony Reduction
If you were not convicted of one of the felony crimes specifically named in the new Prop 47 law, that does not mean that there is no relief available for you. Many other felony convictions can be reduced under PC 17(b), and expunged under PC 1203.4, if you were not sentenced to prison. Please give me a call for a free consultation and I can advise you on what type of post conviction relief is available in your particular situation.
I am a Prop 47 attorney and I can assist you with your Prop 47 matter. Call me for a free consultation.
Four Frequently Asked Questions And Answers
1. Is a reduction under Prop 47 automatic?
No. You must submit a PETITION to the court in order to have your case reduced from a felony to a misdemeanor.
2. If I wasn’t convicted in Los Angeles or Orange County, can your practice still help me reduce my felony to a misdemeanor under Prop 47?
Yes. Prop 47 applies throughout the entire state of California.
3. Does having a felony conviction on my record really affect my life?
Yes. Having a felony on your record may inhibit you from getting licensed for certain practices, it may thwart job opportunities, and may affect your morale as a law abiding citizen. Felonies are crimes of the most serious nature. For example, murder, rape, and arson are all considered felonies. Although all felonies are not classified as serious felonies, employers may make up their own minds in regard to how they feel about a potential job applicant who has been convicted of a felony. Therefore, having your felony charge reduced to a misdemeanor under Prop 47 would give great benefits to you in your future endeavors.
4. How long does the process take?
In many counties, the petition process may generally take between 15 to 60 days. I offer a free consultation. Call 714.606.2446 or email me. As a criminal defense attorney for over 20 years I understand the system and may be able to help.