1. What is Proposition 47?

 

On November 4, 2014, the voters of California passed Proposition 47, a law that reduces some felonies to misdemeanors

 

2. Can I get my felony reduced to a misdemeanor?

 

You may be able to have your  most recent case, and any earlier cases, changed from felonies to misdemeanors if you were convicted of the following charges:

• Commerical Burglary of a store during regular business hours (PC 459)

• Forgery (PC 470-476)

• Fraud/Bad Checks (PC 476a)

• Grand Theft (PC 487)

• Petty Theft/Shoplifting (PC 484, 484/666)

• Possession of Methamphetamine (HS 11377)

• Possession of Controlled Substance (HS 11350)

• Possession of Concentrated Cannabais (HS 11347(a))

• Receiving Stolen Property (PC 496)

 

For theft charges to be reduced, the amount stolen must have been less than $950. Simple possession of any controlled substance or unlawful drug has now been reduced to a misdemeanor.

 

3. Who can't have their cases reduced from felonies tp misdemeanors? 

 

Charges will not be reduced for anyone who has certain priors, and for most people who are registed sex offenders. Please contact our office if you have been convicted of one ore more of the felonies listed above and we will advise you about whether you qualify for a reduction.

 

4. Can I have my felony conviction reduced to a misdemeanor even if it is not a recent felony conviction?

 

Yes, this law is completely retroactive. That means that you are eligible to have any qualifying prior felony convictions reduced to misdemeanors no matter how long ago you were convicted. This is true even if you were previously denied reduction from a felony to a misdemeanor by the court during any pre-conviction court hearing, at sentencing, or after requesting an expungement.

 

5. Will there be a court hearing?

 

If there is any questions about whether your felony case should be reduced, there may be a court hearing where you will be represented by a public defender from our office if you qualify financially.

 

6. If I'm in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

 

The maximum jail time for most misdemeanors is one year in county jail. If you have already served more than the maximum term of confinement for the misdemeanor charge(s), the court may hold a hearing to determine if your sentence should be reduced. However, if you have other cases or charges that are holding you in custody, you will not be released even if you receive a reduction on one or more charges.

 

7. If I'm in prision and my case is reduced from a felony to a misdemeanor, will I get out of prison?

 

If you have no other charges keeping you in state prison, you may be released from prison. If your case is reduced to a misdemeanor, your maximum sentence is no more than a year in county jail per charge. You cannot be sentenced to prison on a misdemeanor, but you can be sentenced to county jail.