On November 4, 2014, voters in California passed Proposition 47. According to the Penal Code section 1170.18, anyone convicted of certain felonies may be eligible to have his or her conviction downgraded to a misdemeanor. As a result, he or she can receive a new sentence under the misdemeanor conviction. Prop 47 applies to Health and Safety Code:

  • 11350.
  • 11357.
  • 11377.

It also applies to the Penal Code:

  • 490.2.
  • 496.
  • 666.

The Crimes Included in the New Law

Unfortunately, not every crime is included in Prop 47. The following crimes that are covered are as follows:

  • Possession of a Controlled Substance. Health & Safety Code 11350(a).
  • Penal Code 470. The amount of less than $950.
  • NSF checks. Penal Code 476(a). The amount less than $950.
  • Grand Theft. Penal Code 487. The amount less than $950.
  • Possession of Stolen Property. Penal Code 496(a). The amount less than $950.
  • Petty Theft with Prior Convictions. Penal Code 11350(a). The amount less than $950.
  • Possession of Concentrated Cannabis. Health & Safety Code 11375(a).
  • Commercial Burglary. Penal Code 459. The crime occurred during business hours and less than $400.
  • Health & Safety Code 11377(a). Possession of Methamphetamine.

What Does this Mean for You?

The passage of Prop 47 means that you have an opportunity for a fresh start. However, the court will consider three factors when determining whether your felony conviction will be downgraded to a misdemeanor. They are as follows:

Your criminal History

The court will look at the type of crimes you’ve committed. For instance, the Court looks at potential injury to victims, remoteness of the crimes or length of prison sentences.

Any disciplinary record: If you have any record of rehabilitation while you were incarcerated, that will also be looked at.

Any evidence that the court wants to consider: For instance, a judge may determine whether a new sentence would cause an unreasonable risk to the general public.

The Law Offices of Jonathan Franklin will Help You with Your Prop 47 Case

Every case is different. You may be eligible to have your case dropped to a misdemeanor, but someone else may not. At the Law Offices of Jonathan Franklin, we will work to have your felony conviction designated as a misdemeanor. We will:

  • Determine the best course of action to take regarding your case.
  • Prepare a declaration that details your testimony.
  • Prepare a petition to submit to the court. Your petition will have all the attachments and required exhibits.
  • Prepare a proposed order. This is for a court to sign.
  • File your petition with the proper court. We also schedule your hearing and notify the appropriate parties.
  • Talk with any parties to your case to determine if there is any opposition.
  • Attend your hearing. We will argue for your felony conviction to be reclassified as a misdemeanor.
  • Follow up with the court regarding its decision.
  • Obtain the order that provides you with the proof of your expungement.

Contact us today to schedule your free consultation regarding your felony case. You may receive a fresh start thanks to the voters who passed Prop 47.