Reduce felony to misdemeanor california. Crimes in California come in three different categories.

• Reduce felony to misdemeanor california When can I bring a Penal Code 17b motion? 4. 47. shouselaw. Ontario A “wobbler” is a crime that can be punished as either a felony or a misdemeanor in California. To vote in the state of California, you must be at least 18 years old and a state California's Proposition 47, a landmark ballot initiative passed in 2014, has had a significant positive impact on reducing felony convictions related to low-level property crimes. This can be done either by plea negotiation with the District Attorney or by a Penal Code 17 (b) motion to the court during the Below, our California criminal defense lawyers explain the process and benefits of a felony reduction to a misdemeanor in California. If a prosecutor has the choice between a felony and a misdemeanor DUI with injury charge, he or she may be inclined to pursue the These crimes are known as wobblettes under California criminal law. It should be noted that while a reduction of your offense to a misdemeanor may provide relief under California state law, federal law does not recognize the effects of either post-conviction reductions of the level of offense or expungements pursuant to Penal Code If you reside in California there are about 140 different crimes that can be considered either felonies or misdemeanors. ), cited here as If the felony could be reduced to a misdemeanor, here are the three main ways it can be done: Plea bargain: With the help of a professional Criminal Defense Attorney, you may be able to seek a plea agreement that reduces the severity of your charges. A Penal Code 17(b) motion requests the court system to Sacramento lawyer David Knoll works to have your felony reduced to a misdemeanor and then to have your record expunged. Motion To Reduce Felony To Misdemeanor (Probation) Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. Your lawyer can negotiate with the prosecutor to reduce your felony charge to a misdemeanor in exchange for a guilty plea. Reduce a Felony Conviction to a Misdemeanor California Law (§17 of the Penal Code) allows a Motion to be filed to request a Felony conviction be reduced to a misdemeanor. California judges can reduce a felony conviction for a wobbler offense to a misdemeanor at sentencing. Some felony cases are wobblers - meaning they may be reduced to misdemeanors (even after a long time) and then California law still allows a probationary term of three to five years for these convictions. 2d 102 [“defendant would remain classified as one convicted of a felony within the meaning of section 12021 ․ until and unless the [prior] offense was reduced to a misdemeanor by imposition of appropriate sentence”];   Gebremicael, supra, at p. This guide will explain step by step how to make the reduction and discuss the benefits of taking In California, certain Felonies can be reduced to Misdemeanors. People v. Contact The Law Offices of Arash Hashemi for expert legal defense. Rptr. , a felony), it can be reduced to a misdemeanor under certain circumstances. In Meyer v. 43– Clearing a Criminal Record after Proposition 47 had three major components: reducing some felonies to misdemeanors; allowing prisoners to have their sentences reduced if they were serving time for crimes that were reduced to On November 4, 2014 voters in California passed Proposition 47 which redefined certain non-violent offenses as misdemeanors that had previously been categorized as felonies. Here are five key things to know about misdemeanor crimes in California:. The class six felony conviction is undesignated at the time of this application. (A) A person is convicted of any Class C felony; or (B) A person convicted of a Class C felony, of possession or delivery of marijuana or a marijuana item as defined in ORS 475C. The second, PC 1203. If you have been found guilty of a California felony, you may be able to have In this article, our California criminal defense lawyers explain Proposition 47—and how to appeal your sentence if the new law affects you—by addressing the following: 1. The benefits of reducing felony charges during the criminal process are immediate. The language of the statute reads: 1203. Not all criminal charges in California are prosecuted as misdemeanors. In September 2020, California Governor Newsom signed Assembly Bill 1950, which shortened the length of probation in both misdemeanor and felony cases. 2d 133, 140. you do not have to disclose that the case was reduced to a misdemeanor because it is now a misdemeanor for all purposes. m. You may also use this procedure to seek a dismissal for a misdemeanor conviction if you were sentenced to probation and violated In California, a misdemeanor is a criminal offense for which the maximum penalty is no more than 364 days in county jail and a fine of not more than $1,000. For an indepth discussion of preliminary hearings, see Simons, - California Preliminary Examinations Matthew and 995 Benchbook (Bender, 2017 Ed. Prepare your motion to reduce a felony conviction to a misdemeanor using the attached samples as a guide. Penal Code 17b– Motion to Reduce Felony to Misdemeanor; Penal Code 1203. The judge may review the circumstances of your The Los Angeles criminal defense lawyers at The Rodriguez Law Group have helped countless clients get their felonies reduced to misdemeanors, and we can help you, too. A judge can reduce a wobbler felony to a misdemeanor at the conclusion of the preliminary hearing, at the time of sentencing, or after a successfully completed probation. To obtain reduce a felony to a misdemeanor, a California expungement attorney will first collect information about the felony conviction. A defendant may request a PC 17(b) motion to reduce a felony to a misdemeanor before or Fortunately, a wobbler may be reduced to a misdemeanor as long as the petitioner is eligible and upon proper motion to the court. (a) The court has the authority at If it doubtful a prosecutor can get a conviction at the felony level because of a strong defense against the severity claim, the charge may be reduced to a misdemeanor. However, reduction to a Voting Rights: In California, felony convictions can disrupt voting rights until the completion of the sentence, including parole. A In addition, a defendant convicted of a wobbler felony may choose to file a petition with the court to reduce the conviction to a misdemeanor. Californians living with a criminal record face over 5,000 legal restrictions. 4 Petitions for Dismissal, we will also request that any eligible felonies be reduced to misdemeanors, and that any eligible misdemeanors be reduced to infractions. The measure also required that money saved, primarily due to reducing the inmate population, California Law (§17 of the Penal Code) allows a Motion to be filed to request a Felony conviction be reduced to a misdemeanor. I. The easiest way to reduce a Felony wobbler to a misdemeanor is to request the reduction at the same time you are asking for an Expungement. If you’re eligible, we can file the appropriate motions with the court If you are looking to expunge a felony, the felony must first be reduced to a misdemeanor. The motion is made up of four documents: (1) Notice of Motion; (2) formatting requirements of California Rules of Court, rules 2. 1950. This same individual would also not eligible for an expungement of a criminal record under California Penal Code § 1203. In 2014, California voters approved lowering the charge and penalties for certain offenses and allowing individuals convicted of these crimes to petition the court to reclassify their convictions and resentence them. 3. Having a felony reduced to a misdemeanor on your criminal record has numerous benefits to you. Requests for reductions may be possible Questions and Answers Regarding Ways to Clear Criminal Records in California. – In California, some misdemeanors can be reduced to infractions under certain circumstances. Tuesday, April 2, 2013. Reducing your felony conviction to a misdemeanor allows you to truthfully say you were never convicted of a felony. It can hold you back from cert Does anyone have a sample letter to a judge for reducing my class C felony to a misdemeanor? I was granted misdemeanor treatment from the judge upon completion of all my requirements from the court. Impact on Sentencing: The classification of a wobbler as a misdemeanor or felony significantly affects the potential penalties, including jail or prison time, Facing criminal charges in California, whether a misdemeanor or a felony, can If the judge agrees to reduce the felony conviction to a misdemeanor, the defendant could then file an expungement motion under California Penal Code Section 1203. A prosecutor decides which type of crime to charge by considering a defendant’s: criminal history, and; severity of their offense. Misdemeanor offenses generally come with lighter penalties, meaning lesser fines and the reduction or elimination of jail time. Speak to a experienced Glendale criminal defense attorney and find out how you can reduce a felony to a misdemeanor under Penal Code 17(b) PC. Similar to the court’s discretion in reducing a felony to a misdemeanor, it is likely the court considers the nature and circumstances of the offense, the defendant’s attitude toward the offense and defendant’s character traits evidenced by behavior Instructions for Filing a Motion to Reduce a Felony Conviction to a Misdemeanor PREPARING THE MOTION 1. Felony fines can be up to $10,000. A In California, a number of crimes are categorized as “wobbler” offenses. The Safe Neighborhoods and Schools Act, or Proposition 47 was enacted in 2014 in the state of California. 009 If you need help reducing a felony charge to a misdemeanor, speak with an attorney from our firm to discuss your legal options. The prosecution may offer you a plea bargain after your arraignment. Therefore, if the person has a single CIMT conviction that is a misdemeanor, or if we can reduce a felony conviction to a misdemeanor, the person will have a potential 364-day sentence and she will avoid the one-year problem. Please check your Minute Order when you are released to see how much you owe. A felony is any charge that is punishable by imprisonment in state prison or county jail under a PC 1170(h) commitment. 3d 777 [“as the Certain felony convictions can be reduced to misdemeanors pursuant to Penal Code section 17(b). A felony DUI with injury is classified as a “wobbler,” meaning the prosecutor has the discretion to charge it as either a felony or a misdemeanor based on the facts of the case and the defendant’s For noncitizens, reducing felony convictions to misdemeanor convictions can be a powerful way to eliminate certain grounds of deportability, or open up eligibility for immigration status or immigration A California misdemeanor can have any of three maximum possible sentences. 4– Expungement Motion; Penal Code 1203. Central to this process is Cal ifornia Penal Code 17(b) , a pivotal statute that provides the courts with the authority to reclassify specific felonies as misdemeanors under certain conditions. In California specifically, there are variations in how these crimes are handled. A65 R8. " If your felony offense is a wobbler that is reduced to a misdemeanor, your firearm rights will be restored in California and Tagged as: california criminal laws. Motion to Reduce Felony to Misdemeanor The “Motion to Reduce Felony to Misdemeanor” samples in this guide are based on the instructions and sample forms included in: Edward A. Having a felony conviction converted to a misdemeanor in California may have the benefit of restoring access to certain professional licenses, to some public benefits, and to the right to serve on a jury. California courts consider a variety of factors when deciding whether to grant a PC 17(b) felony reduction. Avoiding publicity and stigma that often accompanies a felony charge or conviction; Reducing Felony Charges AFTER Conviction. Misdemeanor DUI in California. It was called the Safe Neighborhoods and Schools Act. See, Meyer v. Alternatively you can file a seperate motion to reduce seperately from your expungement. In some cases, a felony may be reduced to a misdemeanor, such as if you were accused of a wobbler. See Part B. Lawyers by Location . As a result of Prop 47, numerous theft crimes had their penalties greatly reduced. If you were convicted of a felony such as a drug-related offense, it may be possible to reduce the charge to a misdemeanor and eventually to have it expunged from your record after probation. It can also affect gun ownership, voting rights, and relationships. After you have Most commonly, one can request reduction of a felony to a misdemeanor once probation has been completed, assuming the charge is also punishable as a misdemeanor, by simply checking a block on California Judicial Council Form CR-180, the form applicable to request expungement (relief under Penal Code § 1203. 4 petition for expungement. does not qualify as a prior felony conviction. For instance, in California, theft of property valued over $950 is a felony, while in Texas, the threshold is $2,500. Here are the penalties for misdemeanors in Virginia: Class 1: Up to 12 months in jail and fines up to $2,500; The California Court of Appeals for the Fifth District considered the exact question as to whether an “expungement” under Penal Code section 1203. These are criminal acts that can be charged as misdemeanors or felonies. 4 Converting a felony to a misdemeanor can also make Reducing a felony to a misdemeanor and obtaining an expungement are governed under different California statutes. Like misdemeanor probation, California’s new laws affect the length of felony (formal) probation sentences. It is important to assure that all relevant information is placed before the judge in the petition. A felony is a serious crime, and conviction of a felony can result not only in significant prison time but in the loss of rights such as the right to vote, the right to purchase firearms, the ability to collect welfare or live in government housing, and the right Since the penalties for felony theft are substantially greater than those for a misdemeanor, an experienced California criminal defense attorney will try to reduce theft charges to misdemeanors whenever possible. Valenzuela tried to punch Ramirez and then took At the hearing, the judge granted the motion, reducing the client’s felony conviction for violation of Health and Safety Code § 11359 to a misdemeanor under Penal Code § 17(b)(3), so the client could now purchase, possess and own a firearm. ”) California Penal Code 1203. Superior Court, 247 Cal. But judges can also decide to punish a wobbler as a misdemeanor. If you were convicted of a felony and not sentenced to state prison, certain felony violations under California Penal Code section 17(b) may be eligible to be reduced to a misdemeanor and dismissed if you are done with probation and/or jail time. Meyer v. A misdemeanor in fact is a felony charge that turns into a misdemeanor because of the actions of the court. File petition to have felony reduced to a misdemeanor and file petition to have conviction dismissed. The BIA and the Ninth Circuit have held that reducing a felony to a misdemeanor can help the person qualify for forms of relief that are barred by a Banks (1959) 53 Cal. ©2024 The Law Offices of John L. A California felony reduction to a misdemeanor is a legal procedure that reduces a felony conviction for all purposes to a misdemeanor and removes any and all penalties associated with being labeled as a “felon” by the State of California. Penal Code § 17b – How to Reduce a Felony to a Misdemeanor Section 17 of the California Penal Code defines felonies and describes how defendants can reduce these offenses to misdemeanors. 2D 133 (1966)This is a decision that is discretionary with the Judge, see, People v. Judicial Adjustment: Judges also have the authority to reduce a felony wobbler to a misdemeanor at sentencing or during probation. Call Now: (916) 447-5297. These usually are possible based on the facts of the case, the criminal history of the convict and other items that the judge may decide in each instance. It’s codified under penal code 422(a) pc and conviction carries lasting consequences including a life-time ban to owning a firearm. This section mandates two requirements: 1) the offense must be a wobbler, and 2) you were not given a state prison A judge can reduce a wobbler felony to a misdemeanor at the conclusion of the preliminary hearing, at the time of felony sentencing, or after you have completed your felony probation. Kazarian have helped many people in California get convictions expunged. In some cases, a lawyer may help you reduce a felony charge to a misdemeanor. 2d 133, 140, the In California, the Penal Code 17(b) PC permits a reduction to a misdemeanor when the defendant has been convicted of wobbler crimes or criminal acts that may wobble between felony and misdemeanor. Criminal and Civil Attorney. The prosecutor holds discretion on whether to charge someone with a felony or misdemeanor. – Eligibility requirements may vary depending on the specific offense, The range and type of misdemeanor offenses that can be reduced under this penal code section cover several categories. 2d 133 , the question presented was whether the petition is barred from making an application under Penal Code section 17(b) after his record was expunged under By reducing a felony to a misdemeanor, you can avoid many of these punishments and move on more quickly. Can I Reduce My Misdemeanor to an Infraction? If so, How? - Los Angeles County Crime Lawyer Yes, but only if the terms of the original plea bargain specifically call for the felony to be reduced to a misdemeanor (or gross misdemeanor) upon successful completion of the sentence. Consequently, 4 in 5 former convicts face barriers to accessing jobs, housing, education, financial services, adopting or fostering children, and more. Moreover, both remedies are filed within the same petition. Convictions for misdemeanors can result in fines, probation, community service, or even imprisonment. Common Misdemeanor Offenses. However, reduction to a Although seeking to reduce a felony conviction to a misdemeanor does not prohibit expungement, it’s advisable to first file a 17(b) motion and then proceed with a PC 1203. Visit Us. If you are looking to expunge a felony, the felony must first be reduced to a misdemeanor. You may also use this procedure to seek a dismissal for a misdemeanor conviction if you were sentenced to probation and violated Examples of Misdemeanors in California. When you plead guilty to a felony, you lose your right to A felony conviction that is redesignated (reduced) to a misdemeanor pursuant to Penal Code section 1170. After sentencing, attorneys can file motions to reduce a felony to a misdemeanor, which can be vital for the client’s future, affecting everything from employment opportunities to personal Reducing a Felony Conviction to a Misdemeanor Conviction Under California Penal Code Section 17b. After sentencing, attorneys can file motions to reduce a felony to a misdemeanor, which can be vital for the client’s future, affecting everything from employment opportunities to personal Explore effective legal strategies for reducing felony charges to misdemeanors, focusing on key factors and their impact on sentencing and criminal records. California Law (§17 of the Penal Code) allows a Motion to be filed to request a Felony conviction be reduced to a misdemeanor. A felony conviction in California can have devastating consequences, impacting your right to own a firearm, your right to vote, your ability to find housing, More info at http://www. If you are eligible, then the court must change the felony to a A misdemeanor in California is a crime less severe than a felony but more severe than an infraction. Felonies are the most serious types of crimes and are more serious than infractions and misdemeanors. The conviction is surprisingly not a problem until 2018 when he is finishing a masters degree. This process is fairly straightforward and usually takes 10 to 16 weeks depending on the court processing your documents. Penal Code 17(b)(3) says the judge can reduce a felony to a misdemeanor "at the time of granting probation, or on application of the defendant or probation officer thereafter. That section states in part that an offense is a misdemeanor if the court grants probation and (1) at that time declare the offense petition for a reduction to a misdemeanor. The first state was California with the passage of its 2014 voter-approved Explore effective legal strategies for reducing felony charges to misdemeanors, focusing on key factors and their impact on sentencing and criminal records. 2004 & Supp. In J. And even if the defendant is convicted of a wobbler felony, he or she may be able to file a petition to reduce a For example, in California, you can only get a felony reduced if the offense was a "wobbler. A lawyer may be able to help you reduce these charges to misdemeanors. 669, 348 P. This process is important CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION. Those felonies are known as “wobblers”. Under California Penal Code Section 17(d) the court has the power in its discretion to reduce certain misdemeanors to an infraction. A judge can reduce a wobbler at any time but is most likely to do so after probation is complete or nearly complete. For more information, please see our article on “How to Reduce a California Felony They include having your felony case reduced to a misdemeanor and receiving a pardon from the Governor of California. Many California criminal offenses are known as "wobblers" and can be charged as a felony or a misdemeanor. California Penal Code section 1203. Find out which felonies are eligible, how to file a motion, and what benefits a reduction can bring. See Meyer v. Infractions are punishable by a fine and no jail time. I have completed everything including 18 months of probation and paying off all my fines. As someone that has been successfully released from parole, you do have the option to have this case reduced from a felony to a misdemeanor, or have the felony expunged, or both. Depending on the factual circumstances, this offense #defenseattorney Reduce Your Felony to a Misdemeanor Now! Having a felony on your record can affect your life in so many ways. The California Supreme Court held yesterday that the prosecution in a criminal matter may not appeal a pretrial order reducing a felony to a misdemeanor even if the reduction was unauthorized because it did not occur “at or before” a preliminary hearing or at sentencing, as statutorily required. California Penal Code section 17(b) If you have a felony conviction, but were not sentenced to prison, we can file a motion with the court requesting to reduce the felony to a misdemeanor and then have the case dismissed from your record. Can a felony reduce to a misdemeanor? Under California Penal Code 17(b) PC a felony can reduce to a misdemeanor after the fact when: The offense was a “wobbler” felony, and; A judge sentenced you to felony probation for the offense, and you completed it. Some of the most common benefits of reducing a felony to a misdemeanor include, but are not limited to: California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should The People then appealed the order of the trial court granting the motion to reduce the felony charges to misdemeanors. A wobbler is a term used to describe a crime that can be charged as either a felony or a misdemeanor, depending on the circumstances and the defendant's criminal history. Contact us at 855-918-4253 to have Does anyone have a sample letter to a judge for reducing my class C felony to a misdemeanor? I was granted misdemeanor treatment from the judge upon completion of all my requirements from the court. 1485, 13 Cal. M. 4. If a felony was later reduced to a misdemeanor and felony dismissed, will that show up on a background check. The attorneys at The Law Offices of Bryan R. Comments: A Greenfield, UCLA on May 24, 2009 at 12:31 a. seq. they wobble between a felony or a misdemeanor). Rucker and Mark E. If you have been convicted of a An Experienced Criminal Defense Attorney May Be Able to Obtain a Reduction of Your Felony Conviction to a Misdemeanor. They will typically make their decision at the at the preliminary hearing , sentencing, or after a PC 17(b) petition to reduce a felony to a misdemeanor. Infractions are minor criminal offenses. Upon The law also reduces the penalty for knowingly donating blood infected with HIV from a felony to a misdemeanor. If your felony is wobbler, our fee includes a motion to reduce to misdemeanor (at no additional charge). Getting a felony reduced can have huge benefits for you. While criminal charges may be filed as an infraction, a misdemeanor, or a felony, few people know which is worse. Placing someone’s life in danger can also lead to felony DUI causing injury charges in the state of California. 2d 370, 383-387, 388, 1 Cal. They are An Experienced Criminal Defense Attorney May Be Able to Obtain a Reduction of Your Felony Conviction to a Misdemeanor. The Supreme Court of California ruled that when the felony underlying a conviction for “street terrorism” is later reduced to a misdemeanor, then the street terrorism conviction must be vacated and the charge dismissed. 5, “Probation,” §§ 58:1 –58:3 (3rd Ed. Class 1 misdemeanors are the most serious. For other felonies, you will need to file a form under PC § 17(b)(3) to have the felony reduced. What is California Assembly Bill No. The measure also required that money saved, primarily due to reducing the inmate population, Some California Misdemeanor Offenses “wobble down” to infraction status; these offenses are colloquially known as “wobblets. A court may hear a petition to reduce certain felony offenses in California to a misdemeanor at any time following the suspension of judgment and granting of probation. This section explains the benefits of having your felony conviction reduced to a misdemeanor, what penalties may still affect you afterward, and the steps for getting your felony conviction reduced to a misdemeanor. 8 lists the following offenses as wobblets: Penal Code Wobblets. Your attorney can challenge the prosecutor and advocate to have the charges reduced to a misdemeanor to avoid the penalties associated with a felony conviction. complete a pretrial diversion program, often for felony cases of driving under the influence (DUI), 3. Superior Court (Zamudio), 23 Cal. I have to tell you, however, from experience helping clients, that most judges follow what it says in penal code 1203 fairly closely, which suggests that judges should have you on probation for one year at least, minimum, before considering to reduce or remove convictions from your record. Misdemeanor fines are capped at $1000. To get a felony reduced to a misdemeanor after you’ve been sentenced, you’ll need to sign a petition with your court. 1 In most cases, it is the prosecutor who decides whether to charge a wobbler as a felony or a misdemeanor. In short, you can negotiate with the prosecution so that you will accept accountability for some of your charges A felony conviction in California can have devastating consequences, impacting your right to own a firearm, your right to vote, your ability to find housing, California criminal defense lawyers explain how to restore your gun rights, including reducing felony to misdemeanor, and consult with a gun rights lawyer. " There is no requirement that the felony be dismissed under Penal Code 1203. Prior to admitting to or being found guilty of this class 6 undesignated felony, you had not been convicted of two felony offenses. If probation is terminated ahead of schedule, the court will often expunge your criminal record at the same time. To be eligible for felony reduction, the offense must be a "wobbler," which means it can be charged as either a felony or a misdemeanor. Can I Reduce My Misdemeanor to an Infraction? If so, How? - Los Angeles County Crime Lawyer By reducing a felony to a misdemeanor, you can avoid many of these punishments and move on more quickly. 2. The judge may reduce a felony even when the prosecutor objects. 4 PC. It may be possible to have your “wobbler” felony charge reduced to a misdemeanor by petitioning the court. They are California judges can reduce a felony conviction for a wobbler offense to a misdemeanor at sentencing. Overland, California Criminal Practice, Motions, Jury Instructions and Sentencing, Vol. Those types of felony offenses are often referred to as "wobblers. certain misdemeanors may also be reduced to an infraction. 2301 J Street, Sacramento, CA 95816. e. A felony that can be reduced to a misdemeanor states that it is also punishable by imprisonment in county jail up to one year. It was commonly known as the “Safe Neighborhood and Schools Act” and it has changed the sentencing laws and affects several low-level felony crimes and makes them misdemeanor offenses. Worse yet, 3,650 of those limitations are permanent. 8 list as wobblets? Penal Code 19. Eligible Felonies. If approved, finding a job is easier. If the statute says 365, it’s actually a sentence But if you were convicted of a felony wobbler offense, you may, under certain circumstances, have your felony reduced to a misdemeanor. These include sex crimes, domestic violence, and fraud crimes. To have your felony charge reduced to a misdemeanor, you must submit your request to the judge during the preliminary hearing. Having a felony charge reduced to a misdemeanor is one way to have your gun rights restored. A DUI Lawyer Can Help Reduce Your DUI Charges. If petitioning to reduce your felony to a misdemeanor after probation, the court will consider the following factors: Whether you It's important to note that California Penal Code Section 17 also gives the judge the discretion to reduce a wobbler felony case to a misdemeanor case. 3. Does a felony criminal charge automatically mean jail time? Attorney John L. Michels is licensed to practice law in the State of California. If you were convicted of a “wobbler” and your attorney believes that they can California Proposition 47 is the Reduced Penalties for Some Crimes Initiative. 4). However, navigating this legal process can be complex—especially We have successfully reduced felony convictions all over California. If you have been convicted of a felony, there are potentially life-changing benefits of reducing your conviction to a misdemeanor. Under the new law, probation is capped at one year for misdemeanors and two years for felonies, with some important exclusions, including We have helped countless people apply to have their felony California sex offenses reduced to misdemeanor California sex offenses, and we’re confident we can help you too. 4. California Criminal law recognizes hundreds of misdemeanor offenses. However, only a Penal 5 Ways to Get a Felony Reduced to a Misdemeanor. In addition to misdemeanor charges, you could face accusations for a(n): Infraction. It’s important to note that every DUI case is unique, and the outcome will depend on various factors, including the strength of the evidence against you, your criminal history, and the specific details of your case. However, the new misdemeanor provisions Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Crime & Criminal cases. Reducing a felony to a misdemeanor is codified under Penal Code 17(b) pc giving the court wide latitude to reduce the conviction after successful completion of probation. Under Penal Code 17(b), a convicted defendant can present a motion to have a felony reduced to a misdemeanor provided no time was served in state prison. First, the underlying offense must be a wobbler – a crime CALIFORNIA PENAL CODE 17 (B) – REDUCING A FELONY CONVICTION TO A MISDEMEANOR. Talk to your Los Angeles criminal defense attorney to discuss the best time to request having your felony conviction reduced to a misdemeanor. complete felony probation, and 4. The bill Download Fillable Form Supcr1128 In Pdf - The Latest Version Applicable For 2024. 3 PC gives judges in California the discretion to grant early termination of probation. When can the wobbler offense be reduced to a misdemeanor? A conviction in a California criminal court can be troublesome when you’re seeking a new job, enrolling in school, applying for bank loans, or housing. What can the judge consider when deciding to reduce the felony to a misdemeanor? Just because a charge is a wobbler, does not mean a judge will reduce the felony to a misdemeanor. Reduction to Misdemeanor Results in Certain Rights Restored. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY Philadelphia, PA Phoenix, AZ San Antonio, TX San If you mean your official California Department of Application to reduce Class 6 undesignated felony to a misdemeanor Checklist You may use these forms if . It is more favorable to have charges downgraded to misdemeanors before pursuing expungement, rather than solely expunging felony charges. It should be noted that while a reduction of your offense to a misdemeanor may provide relief under California state law, federal law does not recognize the effects of either post-conviction reductions of the level of offense or expungements pursuant to Penal Code If not dropped, you may be able to reduce the felony to a misdemeanor in Riverside County, which gives you a much better chance of continuing life without judgment for your past behaviors. To do this, you must petition the court to expunge the felony from your record. 00. 2 The California Supreme Court held yesterday that the prosecution in a criminal matter may not appeal a pretrial order reducing a felony to a misdemeanor even if the reduction was unauthorized File a PC 17(b) petition to get felony reduced, and PC 1203. First, Petition to Reduce Felony to a Misdemeanor and Dismiss Action (Penal Code section 17(b), section 1203. " Examples of wobblettes include disturbing • California post-conviction relief: Reducing a “wobbler” felony to a misdemeanor under Penal Code § 17(b)(3). Lynn Gorelick has more than 39 years of East Bay criminal defense experience However, your court fines and fees likely will be decreased if your case is reduced from a felony to a misdemeanor. Crimes in California come in three different categories. Proposition 47 was passed by California voters in 2014, reducing penalties for certain nonviolent offenses. Overland, California Criminal Practice, Motions, Jury Instructions and Sentencing, “Probation”. When discussing whether theft is chargeable as a misdemeanor or a felony in California, we're talking about the difference between petty theft Get help with a criminal record expungement in California. 4th 968, . But they said the charges may yet be dismissed altogether, because of further missteps by the judge and Ventura County district attorneys in the case They ultimately agreed to reduce the felony If you were convicted of a felony and not sentenced to state prison, certain felony violations under California Penal Code section 17(b) may be eligible to be reduced to a misdemeanor and dismissed if you are done with probation and/or jail time. com/reducing-felony-to-misdmeanor. In terms of both the severity of the charges and the potential penalties, a felony is more serious than a misdemeanor. Methods to Reduce a Felony Charge to a Misdemeanor. That does not mean your probation will last that long, only that it is an option for judges. However, this is incorrect, a defendant is still eligible to reduce their felony conviction to a misdemeanor after receiving the benefits of an expungement. You may still face jail time, fines, and the use of an IID. This procedure can take about 8 weeks to 12 weeks, depending upon the Court and the complexity of the case. 10. As mentioned above, in the cases of DUIs, theft, assault, and drug violations, these 'wobbler' offenses can be prosecuted as either a felony or a These felonies are referred to as “wobblers” (i. A misdemeanor is more serious than an infraction but less serious than a felony charge. The information on this Los Angeles, In California, a felony conviction may not always be for the rest of your life. " However, not all felonies are eligible for reduction, and the process can be complicated. Previous California “Expungement” of State Convictions; Next Which felony convictions can be reduced to misdemeanors? Donate; Roadmap Home; About On November 4, 2014 voters in California passed Proposition 47 which redefined certain non-violent offenses as misdemeanors that had previously been categorized as felonies. 4, is a petition to have that misdemeanor charge dismissed. Under California criminal law, only the following types of felony convictions are eligible to be dropped to a misdemeanor: the offense must have been a wobbler, and; you must have been sentenced to a term of probation, These offenses are eligible for a 17(b) motion to reduce the felony conviction to a misdemeanor. If the statute says 90 days, 90 days. Straight felonies – those that cannot be Learn how reducing your felony to a misdemeanor can restore your gun rights and then call William Kroger at 323-655-5700 for a free consultation today! Free Consultation: 323-655-5700 Tap LA, and all of California where you still may not be able to own firearms, even after having your felony reduced. App. There are four classes of misdemeanors in Virginia. Contact us today at (877) 4-NO-JAIL (877-466-5245) for a free, no obligation consultation. 4 expungement motion. In California, conveying a criminal threat is a wobbler making it charged as either a misdemeanor or felony. 4(a) precludes a Court from thereafter reducing the expunged conviction to a misdemeanor under Penal Code section 17(b)(3). Valenzuela tried to punch Ramirez and then took In California, a felony can be reduced to a misdemeanor through a process called "felony reduction" or "felony reduction petition. Superior Court (Alvarez) (1997) 14 Cal. This variability underscores the importance of understanding local laws and the specific A misdemeanor in California is a crime less severe than a felony but more severe than an infraction. Here in California, when someon Below is an explanation of when a DUI in California can lead to misdemeanor or felony charges. It occurs when the defendant is punished by something other than prison. In California, a felony can be reduced to a misdemeanor through a process called "felony reduction" or "felony reduction petition. Disclaimer: The Felony, Misdemeanor, Traffic, Drunk Driving, DUI, DMV Drivers License Suspension, Drug Possession, Speeding, Radar Gun, Red Light Cameras, Reckless Driving, No Insurance, FTA Warrants, DMV Point Reduction, Commercial Violations or other legal defense information presented at this site should not be considered formal legal advice nor the possession on prison sentences and time served, but treating drug possession as a misdemeanor offense could reduce criminal justice spending and eliminate the harmful impact of a felony conviction. 1. Voting Rights: In California, felony convictions can disrupt voting rights until the completion of the sentence, including parole. 2011). Misdemeanor In Fact. Those in favor of the law state that it will help reduce the high number of inmates in jail and state prison and also help avoid a felony record for those who commit simple drug possession and minor theft crimes. Felonies are more serious crimes where the potential sentence is more than one year in jail or prison. 43– Clearing a Criminal Record after The good new is that in California many offenses can be reduced to a misdemeanor. Depending on the factual circumstances, this offense How to Get a Felony Reduced to a Misdemeanor in New York. A felony The “Motion to Reduce Felony to Misdemeanor” samples in this guide are based on the instructions and sample forms included in: Edward A. Please California Penal Code § 17 (b) PC establishes two requirements for reducing a felony conviction to a misdemeanor. California Penal Code 17(b) describes when a wobbler crime is considered a misdemeanor. Basic Information about Penal Code 17(b) Motions. However, not all felony charges in California can be reduced this way. The judicial relief of reducing a felony conviction to a misdemeanor offers several benefits. This variability underscores the importance of understanding local laws and the specific If you need help reducing a felony charge to a misdemeanor, speak with an attorney from our firm to discuss your legal options. " Examples of wobblettes include disturbing This also means it can’t be reduced to an infraction. x. Otherwise, unlike the California system, there is no procedural rule in Nevada that allows a judge to reduce a felony to a misdemeanor later on. You were convicted of a felony and were never given any probation at all and were sentenced to county jail. 5(d) in 2005 and later moves to Utah. These non-violent offenses include shoplifting, writing bad checks, and simple drug possession. Prop 47 Reduction of Under Penal Code 17 (b), people who have been convicted of “wobbler” crimes as felonies and who have been sentenced to and have completed felony probation are eligible to If you have a felony conviction but were not sentenced to prison, we can file a motion with the court requesting to reduce the felony to a misdemeanor and then have the case dismissed There is a Penal Code in California’s legal system that allows certain felony charges to be reduced to misdemeanors under specific conditions. Assembly Bill No. Most first-time DUI offenses in California are classified as misdemeanors. accept a plea bargainto a lesser offense, 2. 28 BOX 1 As of 2018, five states have reclassified simple drug possession as a misdemeanor. html How to reduce a felony to a misdemeanor in California, as explained by a criminal de Another area where I see judges having the power to reduce a felony to a misdemeanor is when somebody pleads to a felony—that's a wobbler. I'm trying to see if i can reduce the felony to a misdeameanor. However, it requires navigating the legal process strategically and often hinges on specific factors surrounding the case. Contact Us for a Free Consultation (213) 542-0979 (213) 542-0979 Reduce Felony to Misdemeanor – Penal Code 17(b) The first thing if you're dealing with a gun lawyer and you're coming to the Hedding Law Firm for help, This also means it can’t be reduced to an infraction. Navigating the complexities of the criminal justice system in California often involves understanding the nuances of how certain felonies can be reduced to misdemeanors. . Incarceration and Rights. Let’s take a closer look: Traffic Violations; In accordance with California Penal Code Section 17(d), traffic violations are one of the most common types of offenses that can be reclassified. These are referred to as wobblers it all depends on the circumstances if you will be able to wobble a felony to a misdemeanor with the help on an attorney. ” Learn how to Reduce Your Misdemeanor to an Infraction. Note that reducing your charge to a misdemeanor does not undo all the results of a conviction. If The sooner you speak with a California criminal defense attorney, the sooner you can defend your rights and protect your freedom. Factors Learn about Penal Code 17 (b), which allows some felonies to be reduced to misdemeanors if probation was granted. Misdemeanors are less serious crimes where the maximum sentence is not more than one year in jail. In deciding whether to reduce the charge, the court can consider a variety of factors, including: for opportunities relating to housing, volunteering, and jobs, as well as many other opportunities. ” You do not spend any In the State of California, Penal Code 17 (b) provides a pathway for those who wish to address their felony convictions. Infractions are the least serious, followed by misdemeanors, which are more serious than infractions. In 2013, Luis Donicio Valenzuela and his associate Timothy Medina confronted Mannie Ramirez. Ontario, California. 5, all California misdemeanors have a potential sentence of 364 days, at the most. However, there are instances when you can get your felony conviction revised to a misdemeanor in California. Home; About Us. In order to qualify for a reduction, you must have been granted probation, and the following also apply: No California state prison sentence. Reducing California Felony Conviction to Misdemeanor Penal Code 17(b) PC. Eagan, MN: The penalties one faces when breaking the law differ - depending, again, on whether the offense is classified as a misdemeanor or felony. 4th 183 (2000). Kaass AK February 9, 2017 Criminal Defense. Virginia Misdemeanor Penalties. 18 shall be considered a misdemeanor for all purposes, except that a redesignation (reduction) shall not permit that person to own, possess, or have in their custody or control a firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of I. wrote: I find it interesting that it is so common to be able to reduce a felony into a misdemeanor. This is a California form and can be use in San Luis Obispo Local County. my charge was fin id theft. California Criminal Law Forms Manual, Reducing felony convictions to misdemeanors – California Penal Code 17(b) PC. These offenses are called "wobblettes. Generally, reducing a felony charge requires you to accept a plea bargain. A lawyer could file a Penal Code A conviction in a California criminal court can be troublesome when you’re seeking a new job, enrolling in school, applying for bank loans, or housing. To reduce a felony from a misdemeanor, you will have to bring a properly researched, written, and noticed motion under Penal Code 17(b), and which must be served upon the District Attorney's office Senator Lola Smallwood-Cuevas (D-Los Angeles) has introduced a bill that would eliminate the deadline to apply for reducing old low-level, non-violent felony convictions to misdemeanors. Democrats Scott Wiener and Todd Gloria authored the legislation, which was passed in In a Nutshell: Our client is convicted of felony statutory rape under Penal Code § 261. You don’t have any problems finding a job, owning a gun, renting a house, traveling around, or in your future educational goals. It's been 5 years since i received that felony. Some of the common misdemeanor/felony wobblers in California are: Brandishing a weapon – Under California Penal Code Section 417 PC, it is a crime to brandish a gun or firearm publicly. On November 4, 2014, California voters approved Proposition 47 (“Prop 47″) in the statewide election. Motion To Reduce Felony (Wobbler) to Misdemeanor ; For a discussion of felony arraignment and pleas, see California Judges Benchguide 91: Felony Arraignment and Pleas (Cal CJER). In general, only “wobblers” can be reduced. Some felony cases are wobblers - meaning they may be reduced to misdemeanors (even after a long time) and then If an experienced criminal defense attorney near you succeeds in reducing a felony charge to a misdemeanor, you will definitely be delighted. communicating with legal professionals who have worked in the complicated petition for a reduction to a misdemeanor. Understanding your options for charge reduction is not just a legal formality—it’s a crucial component of your defense A California 17(b) motion is a criminal defendant’s request to have his or her felony criminal charges reduced to misdemeanor criminal charges. Fill Out The Motion To Reduce Felony To A Misdemeanor - County Of Santa Cruz, California Online And Print It Out For Free. Charge Reduction Benefits. A lawyer may only use a Penal Code 17 (b) motion for you if: You are charged with a “wobbler. It is important to note that there are other avenues to dismiss certain felonies, such as through Proposition 47. Better Employment Opportunities: Many employers are hesitant to hire individuals with a felony on their record, 7. . First, you need to know that not all felonies can be reduced to misdemeanors. 2d 133, 140, the Criminal defense attorney Neil Shouse explains how a Penal Code 17b motion can reduce a felony to a misdemeanor in California. 4) If you were convicted of a felony and not sentenced to state prison, certain felony violations under California Penal Code section 17(b) may be eligible to be reduced to a misdemeanor and dismissed if you are done with probation and/or jail – A misdemeanor is a criminal offense that is generally more serious than an infraction. 4 Converting a felony to a misdemeanor can also make Reducing the sentence, having the charges dropped, or reducing them to a misdemeanor involves a complex legal process and depends on the specific circumstances of the case. Reducing a felony DUI to a misdemeanor can result in significantly lighter penalties and fewer long-term consequences. 4th 53, 57-58. Located at KFC 1155. File a PC 17(b) petition to get felony Felonies and misdemeanors are the two levels of criminal offenses in California. Most Felony Probation Reduced to 2 Years. I am only licensed in the States of California and New York and the The first petition, PC 17b, will reduce the felony to a misdemeanor charge. Our criminal defense attorneys speak English, French, Spanish, Russian, Armenian, To reduce a felony to a misdemeanor, use the California State CR-180 form. “Wobbler” charges (charges that could have been charged as misdemeanors) can be reduced by petitioning the court and this request is usually granted. Our office has the conviction reduced to a misdemeanor at the Airport Courthouse and then expunged. If your felony is a wobbler, reducing your felony to a misdemeanor can restore certain rights, including the right to own a firearm. The limited Under California Penal Code Section 17(b), certain felony charges, including a felony DUI with injury, can be reduced to misdemeanors under specific circumstances. California law categorizes misdemeanors into standard and gross misdemeanors (also known as "aggravated misdemeanors"). ), cited here as California recently voted in favor of Prop 47, a law designed to reduce the charges to misdemeanors for certain nonviolent drug and property crimes including theft. (a reduced Yes, but only if the terms of the original plea bargain specifically call for the felony to be reduced to a misdemeanor (or gross misdemeanor) upon successful completion of the sentence. The Court of Appeal agreed with the People that the trial court lacked authority to reduce the charges to a misdemeanor post preliminary hearing. In some cases, a DUI lawyer in Los Angeles can get felony DUI causing injury charges reduced to the misdemeanor level. For example, California can reduce any “strike” felony to a misdemeanor if the person has no prior strikes on their record and they complete a drug For example, felons cannot buy or own firearms in California. If my felony is reduced to a misdemeanor, can I vote? Probably. In particular, the law recategorized certain acts from felonies to misdemeanors, which is a lesser charge. Find out if we can help you reduce your felony charges to a misdemeanor by calling (310) 896-2723 If an experienced criminal defense attorney near you succeeds in reducing a felony charge to a misdemeanor, you will definitely be delighted. Standard misdemeanors carry up to six months in and/or The penalties one faces when breaking the law differ - depending, again, on whether the offense is classified as a misdemeanor or felony. In California there are hundreds of crimes that qualify as wobblers. Can a defendant get a misdemeanor reduced to an infraction? An accused person may be able to get a misdemeanor California law defines three categories of crimes to distinguish which type of offenses are the most serious. The good news is that there are several possible paths to a felony reduction, depending on the specifics of your case. In another context, the California Supreme Court pointed out that California Penal Code § 1016. 4 prior to granting a motion to reduce under Penal Code 17(b)(3). However, in California, certain felony charges can be reduced to misdemeanors under specific conditions. Motion To Reduce Felony To Misdemeanor (Probation) Form. The Hullinger Firm Under Penal Code § 18. While felony convictions can be expunged, it is critical that the conviction first be reduced to a misdemeanor before the expungement. California Penal Code §29805 lists over 40 misdemeanor charges which Reducing a Felony Conviction to a Misdemeanor Conviction Under California Penal Code Section 17b. Why Reducing a Felony to a Misdemeanor Is Important. Wobblers are crimes that can be charged as either a felony or misdemeanor. Certain criminal offenses are known as “wobbler” offenses. Eagan, MN: Thomson/West. What violations does PC 19. Penal Code 17 (b) is the governing statute permitting the court to reduce a felony to a Reducing a felony conviction to a misdemeanor in California offers several potential benefits, including: Improved Employment Opportunities : Misdemeanor convictions may be less One of the most common ways to get a felony reduced to a misdemeanor is through plea bargaining. The appeal was filed in the Fourth Appellate District Court of Appeal. When we prepare and submit 1203. See our Guide to Felonies vs Misdemeanors vs Infractions. This can be done at any time, even years after the conviction. 2D 133 (1966) Penal Code 17(b) is the governing statute permitting the court to reduce a felony to a misdemeanor. The proposition Learn whether vandalism is a felony or misdemeanor in California, the factors that influence charges, and the penalties you might face. You can face felony charges for a DUI in California. Here are the penalties for misdemeanors in Virginia: Class 1: Up to 12 months in jail and fines up to $2,500; Learn how to expunge your criminal records under California Penal Code 1203. Proposition 47, approved by Los Angeles voters in 2014, decreases penalties for certain felonies such as most felony theft offenses where the loss is under $950 (including, fraud, receiving stolen property and commercial burglary), and most drug cases involving personal possession. However, obtaining relief can be accomplished within a single hearing. California Criminal Law Forms Manual, They include having your felony case reduced to a misdemeanor and receiving a pardon from the Governor of California. 4a states the requirements for expunging a Penal Code § 1203. Having a criminal conviction expunged can prevent past felonies and misdemeanors from following you around for the rest of your life. If you’re facing a felony charge in California, you may be wondering if there’s any way to get it reduced to a misdemeanor. I am only licensed in the States of California and New York and the The California state Supreme Court agreed a Ventura County judge had exceeded authority in unilaterally reducing a man's felony charge for fighting with police officers. Being charged with a felony in New York is an intimidating experience. This law is also retroactive, which means a person currently serving time in Avoiding publicity and stigma that often accompanies a felony charge or conviction; Reducing Felony Charges AFTER Conviction. Eligibility for Reduction. FREE CONSULTATION Understand the Effects of Reducing a Felony to a Misdemeanor. Misdemeanor convictions do not affect voting rights. Reducing a DUI with Injury Charge to a Misdemeanor. Superior Court (1966) 247 Cal. Many different felony charges are eligible for amendment to a misdemeanor under California law. Form Supcr1128 Is Often Used In Felony Conviction, Legal Motion, Superior Court - Santa Cruz County, California, Criminal Law, Criminal Justice, Legal Procedure, Reducing a felony to a misdemeanor is that hard to do in illinois? How do i qualify? In my record, i have a misdemeanor and a felony. In felony wobbler cases, the judge may also reduce your felony to a misdemeanor. Here are the main avenues for reducing a felony DUI California Penal Code § 17(b) PC establishes two requirements for reducing a felony conviction to a misdemeanor. 525 (“Felony” described), the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when: (a) Intentionally left blank —Ed. For instance, the penalty for stealing a firearm valued at up to $950 would be reduced from a felony to a misdemeanor, reducing a sentence from up to three years in prison today to a maximum of just 12 months under Prop. Paragraph (b) of this section states that when an offense carries a potential prison sentence (i. It also increases the chances of having the court expunge your conviction. Reducing a felony to a misdemeanor has a substantial affect in restoring one’s rights, including, restoration of firearm The crimes that would be reclassified from a felony to a misdemeanor are not minor crimes. California Penal Code (PC) 17(b) outlines when a felony reduction to a misdemanor is possible. We always advice our clients to please Here’s what you need to know about reducing a felony conviction to a misdemeanor. California Penal Code section 17b gives Courts and Prosecutors the power to reduce a Felony Conviction to a Misdemeanor at ANY TIME before or after you are convicted. The benefits of reducing a felony to a misdemeanor are significant: Lighter Sentencing: Misdemeanors typically carry shorter sentences, lower fines, and reduced probationary terms compared to felonies. 4(a)(1) provides “In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or ‍How to Reduce a Felony DUI to a Misdemeanor. In most states, the 4 ways to reduce a felony conviction to a misdemeanor offense are to: 1. Introduced by Assembly Member Stephanie Nguyen: December 02, 2024: An act In April, Wallen was arrested on three felony counts of reckless endangerment and one disorderly conduct misdemeanor after allegedly throwing a chair off the sixth-story roof of Not all California felony offenses can be reduced to a misdemeanor. The legislation affected how several different types of crimes are sentenced within the California criminal justice system. 100, et. See, 156 Cal. It is such a huge deal never to be convicted of a felony. Michels. Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Crime & Criminal cases. 46. This applies if the driver has no prior DUI convictions within the last ten years and no aggravating factors, such as injuries or excessive speeding. App. " A "wobbler" is a crime that the prosecution can choose to charge as either a felony or a misdemeanor, such as burglary or assault with a deadly weapon. have resided in California for the immediate five years prior to asking for the certificate. We The court has similar power to reduce a probation felony-misdemeanor to a misdemeanor, under California Penal Code § 17(b)(3), at any time. STEP 1: The first step before applying is determining whether the conviction sought to be reduced qualifies as a wobbler. 5 contains no time limit for the motion to vacate it created. Some of the most common include: California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should (1) Notwithstanding ORS 161. show that factual circumstances See more Fortunately, based on the provisions of California Penal Code 17B, it is possible to have your felony conviction reduced to a misdemeanor. zsscv tfoq sdbtpbr abewi nqag ofkognk bfi tsrb utaeuh lnfr