Under California Penal Code Section 17(b), there's a possibility to transform a felony conviction on your record into a misdemeanor. This means, if you were convicted of certain California felony crimes, there's a chance of a positive change in your legal status, offering a ray of hope for a brighter future.
This means a felony conviction is not always permanent. In California, there are many “wobbler” crimes, which are offenses that can be charged as either a misdemeanor or a felony depending on the circumstances. This flexibility allows for a more nuanced approach to justice, providing reassurance and confidence in the system. Determining whether a “wobbler” is a misdemeanor or felony is made by a prosecutor when charging allegations are formally filed or by a judge at sentencing.
California Penal Code § 17(b) grants a judge 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 ensures a fair consideration, even if the prosecutor objects to the reduction.
A Penal Code 17(b) motion is highly discretionary, underscoring the need for the support of a criminal defense lawyer. Their expertise will help you navigate the details and provide guidance on how to proceed with a petition to reduce, ensuring you feel supported and guided throughout the process, relieving you of the burden of navigating the legal complexities alone.
The benefits of reducing a felony conviction to a misdemeanor are numerous and can significantly enhance your quality of life. For instance, it can improve your chances of securing a job by allowing you to honestly answer "no" to the felony conviction question on an employee application. Additionally, it can restore your California gun rights, providing reassurance and confidence in the potential positive outcomes.
Our Los Angeles criminal defense attorneys provide an overview below to help readers better understand how to reduce 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 that 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.
It's important to note that only felony 'wobbler' crimes, which can be charged as either a misdemeanor or a felony, can be reduced to misdemeanors. 'Straight' felony crimes, which can only be charged as felonies, cannot be reduced to misdemeanors.
What are the Eligibility Requirements?
It is worth noting 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 have 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?
At the reduction hearing, both the defense lawyer and the prosecutor will present their arguments. 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. 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 such as the impact on the victim or the potential risk to the community.
Once the hearing is completed, the judge will rule on the motion. If granted, your case will be reduced to a misdemeanor, which is often the first step toward 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, which can significantly improve your prospects for employment and housing.
For instance, by law, a convicted felon is prohibited from owning or possessing a firearm. However, if your California Penal Code 17(b) motion to reduce a 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 disclose your conviction of a felony crime, which is a significant advantage for employment opportunities or military enlistment.
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. This law imposes harsher sentences for individuals who have been convicted of three or more serious or violent felonies.
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 a California Penal Code 17(b) motion to reduce a felony to a misdemeanor. In that case, we can assist you in presenting 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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