California Proposition 47 Lawyer: Reduce Felony to Misdemeanor

LOS ANGELES PROP 47 CRIMINAL DEFENSE ATTORNEY

California voters recently passed, by a wide margin, a measure to reduce many nonviolent felony offenses to misdemeanors, helping people currently facing, and people previously sentenced or convicted of a felony.  The people of the state of California have declared their disagreement with the way the District Attorney's office has handled minor offenses.  The new law will reduce the offense level of simple drug possession and petty theft offenses.  The reduction lowers the exposure to jail time (no prison time on misdemeanors) and keeps less serious offenders from getting the record and loss of rights associated with a felony conviction.  Less time also means less strain on the overcrowded LA County Jails and California State Prisons.

Full Text of Proposition 47

IF YOU OR A LOVED ONE HAVE A PRIOR FELONY CONVICTION OR ARE CURRENTLY SERVING A SENTENCE ON A FELONY THAT MAY BE A MISDEMEANOR NOW PURSUANT TO PROP 47, CONTACT OUR OFFICE NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.

BREAKDOWN OF OFFENSES COVERED UNDER PROP 47

Drug Crimes
HS 11350 - Possession of a controlled substance - Possession of drugs like heroin, cocaine, Xanax, pain killers and more used to be a straight felony, no matter the amount.  This means that someone caught with even a small amount of one of these drugs could face time in California State Prison.  In addition, people convicted of simple possession would have a permanent felony conviction.  With the passage of Prop 47, all of these possession for personal use cases become misdemeanors.  No more prison or felony convictions for drug crimes.  Convictions and sentences can be reduced retroactively for old convictions.

HS 11377 - Possession of a controlled substance - Methamphetamine, MDMA, PCP and others used to be a wobbler, meaning that it can be filed as a misdemeanor or felony.  Now, it would be a misdemeanor so long as it is not possession for sale.

HS 11357(a) - Possession of concentrated cannabis (marijuana concentrate).  Possession of marijuana concentrates like hash, hash oil, wax and some edibles is now a misdemeanor in California.  This charge used to be a wobbler, meaning that someone caught with even a small amount of marijuana concentrate could end up with a felony conviction and do prison time.  Not anymore.  After Prop 47, possession of concentrated cannabis for persona use is a straight misdemeanor.

Theft Offenses
PC 459 / PC 459.5 - Commercial burglary will no longer be charged in petty shoplifting cases.  For years, the DA has used evidence of intent to steal upon entry into a store (use of tools, not having money, etc.) to charge otherwise minor offenses, including theft of groceries under $50 as a felony offense.  If you have a prior conviction for second degree burglary or are currently serving a sentence for commercial burglary, you can petition the court to re-sentence you, cleaning up your record, and possibly shortening any jail time you or a loved one is serving.

PC 470 - 476 - Forgery, when valued at less than $950 will be a misdemeanor now.  If you have a prior forgery conviction charged as a felony and believe the value of the alleged theft was less than $950, you may now be eligible for re-sentencing.

PC 490.2 - Theft under $950.  Felony grand theft will no longer apply to theft of items worth less than $950.

PC 496 - Receiving stolen property.  Previously a "wobbler" (can be charges as a misdemeanor or felony), receiving stolen property, when valued less than $950 is a misdemeanor.

PC 666 - Petty theft with a prior.  Only more serious theft crimes will be able to satisfy the prior theft requirements for sentencing enhancement under PC 666.

YOUR RIGHT TO RE-SENTENCING:
"1170.18.(a) A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (“this act”) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act."

YOUR RIGHT TO CLEAN UP YOUR RECORD:
"1170.18(f) A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors.
(g)If the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor."

If you or a loved one has a prior conviction or is currently facing a case that is now a misdemeanor under Prop 47, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

FREE CONSULTATIONS   213-375-3775

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

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