Reducing a felony conviction on your criminal record to a misdemeanor is described under California Penal Code Section 17(b). In other words, if you were convicted of certain California felony crimes, you have a chance of getting them reduced to a misdemeanor crime.
This means a felony conviction is not always permanent. In California, there are many “wobbler” crimes, which means a criminal case can be filed as either a misdemeanor or felony offense. Determining whether a “wobbler” is a misdemeanor or felony is made by a prosecutor when charging allegations are formally filed or a judge at sentencing.
Under California Penal Code § 17(b), a judge has the authority to reclassify a “wobbler” from a felony to a misdemeanor, provided you meet the eligibility criteria and a motion is filed in court. The judge's discretion also allows for the reduction of a felony offense, even if the prosecutor objects.
A Penal Code 17(b) motion is highly discretionary, and it's crucial to have the support of a criminal defense lawyer. Their expertise will help you navigate the details and provide advice on how to proceed with a petition to reduce, ensuring you feel guided and supported throughout the process.
The benefits of reducing a felony conviction to a misdemeanor are numerous and can significantly improve your quality of life. For instance, if you are asked on an employee application if you were ever convicted of a felony, you can honestly answer “no.” This alone could increase your chances of securing a job. Another potential benefit is the restoration of your California gun rights, providing reassurance and confidence in the potential positive outcomes.
Our Los Angeles criminal defense attorneys are providing an overview below to help readers better understand reducing a felony conviction to a misdemeanor under Penal Code 17(b).
What Felony Crimes Are Eligible for a Reduction?
California Penal Code 17(b) says in order to be eligible for a reduction, you must have been convicted of a “wobbler,” granted probation, and not sentenced to serve time in a California state prison, or received a suspended sentence.
Recall that a “wobbler” is an offense that can be charged as a misdemeanor or a felony. Some common examples of California “wobbler” offenses include:
- Penal Code 459 – Burglary
- Penal Code 487(a) – Grand theft
- Penal Code Section 245 – Assault with a deadly weapon
- Penal Code Section 273.5 – Corporal injury to a spouse
- Penal Code 422 – Criminal threats
- Penal Code 243.4 – Sexual battery
- Penal Code 288 – Lewd acts with a minor
This list above doesn't include all eligible offenses. Many California sex and fraud crimes are also eligible for reduction from felony to misdemeanor.
Again, it's crucial to note that only felony wobbler crimes can be reduced to misdemeanors, meaning all “straight” felony crimes can't be reduced to a misdemeanor.
What are the Eligibility Requirements?
It should be noted that not all felony offenses can be reduced to a misdemeanor. To qualify for a PC 17b reduction, your underlying offense must have been a wobbler. You must have been granted and completed probation, including paying all fines.
You must also not have served a California state prison sentence or a sentence for which the execution of a prison sentence was suspended.
It should be noted that under AB 109, California realignment, a state prison sentence for some felony crimes was replaced with a sentence in county jail. This means you wouldn't be eligible for a reduction.
A Penal Code 17(b) motion to reduce a felony to a misdemeanor is normally filed after you successfully completed probation or probation was terminated early. The judge also has the discretion to reduce a felony to a misdemeanor after your preliminary hearing or at sentencing on your felony case.
What Factors Are Considered by the Court for a PC 17(b) Motion?
A 17(b) motion to reduce a felony begins with filing a motion with the court, where a hearing date will be scheduled. The prosecutor must be served and given sufficient notice. At the reduction hearing, both the criminal lawyer and prosecutor will be given a chance to present an argument. The prosecutor's role is to present any reasons why the reduction should not be granted, which could include the nature of the offense, your criminal history, or other factors.
The court uses several primary factors to decide whether to grant or deny the motion, including:
- Whether you completed all the terms of probation
- Whether all fines were paid, including restitution, if any
- Specific nature and circumstances of the underlying offense
- Your prior criminal record
- Any recommendations from the probation department
It should be noted that it's not uncommon for a prosecutor to argue against granting a motion to reduce a felony to a misdemeanor.
Once the hearing is completed, the judge will rule on the motion. If granted, your case is reduced to a misdemeanor, which is often the first step to an expungement under California Penal Code 1203.4.
What are the Benefits of a Successful Penal Code 17(b) Reduction?
A felony conviction on your record is a significant barrier to obtaining employment, housing, or social services. A misdemeanor record will normally impact your life to a different extent. For instance, many employers and landlords conduct background checks, and a felony conviction can often result in automatic disqualification.
With a misdemeanor record, you may still need to disclose your conviction, but it may be less of a deterrent. You will no longer be recognized as a convicted felon.
For example, by law, a convicted felon can't own or possess a firearm. If your California Penal Code 17(b) motion to reduce felony was successful and you don't have other felony convictions, you can get your gun rights restored.
Another benefit is that you don't have to admit you were convicted of a felony crime, which is a significant benefit for employment opportunities or enlisting in the military.
However, some penalties still apply after a successful reduction. For example, if your underlying offense was a serious or violent felony in California, then the conviction will still be a “strike” for the purposes of California's three strikes law.
Additionally, if you were required to register as a sex offender under California Penal Code Section 290, then the requirement remains after the reduction.
Suppose you want to pursue filing a California Penal Code 17(b) motion to reduce a felony to a misdemeanor. In that case, we can help you present the court with supporting documentation to justify the motion.
We need to review all the details first to determine eligibility and discuss options. Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
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