Reduction from Felony to Misdemeanor Under Proposition 47
Effective Legal Service Serving the Palm Desert
Proposition 47 requires that defendants be sentenced to misdemeanors (instead of felonies) for “non-serious, nonviolent crimes” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This law is also retroactive, so it also requires that anyone currently serving a sentence for a felony of the included offenses (without prior serious or violent offenses) be resentenced to a misdemeanor. the Law Offices of Anastacio De La Cruz can help you explore this option.
Do You Qualify?
Under Proposition 47, the following crimes are now solely misdemeanors:
- Penal Code Section 484: Shoplifting, or Attempted Shoplifting, where the value of property stolen does not exceed $950
- Penal Code Section 487: Grand theft, where the value of the stolen property does not exceed $950
- Penal Code Section 496: Receiving stolen property, where the value of the property does not exceed $950
- Penal Code §470-476: Forgery, where the value of forged check, bond or bill does not exceed $950
- Penal Code §476a: Fraud, or Writing a bad check, where the value of the fraudulent check, draft or order does not exceed $950
- Health & Safety Code Section 11377: Possession of Methamphetamine
- Health & Safety Code Section 11350: Possession of Controlled Substance
- Health & Safety Code §11357(a): Possession of Concentrated Cannabis
If you pleaded guilty to any of these offenses and believe that it should be reclassified as a misdemeanor, it is important that you hire an attorney experienced in post conviction relief to help determine whether filing a motion to reclassify/resentence under Proposition 47 might be appropriate.
True Example of Successfully Using Proposition 47 Reclassification
Mr. Brown was in immigration custody based on numerous alcohol-related offenses, as well a felony charge for theft of a vehicle. Due to the sentence, Mr. Brown was deemed to be mandatory deportation under federal (immigration) law.
Mr. De La Cruz was hired for post conviction relief and filed for 1473.7 relief, alleging ineffective assistance of counsel. As the proceedings progressed over a number of months, a new appellate case was decided holding that vehicle theft fell within the gambit of Proposition 47. After seeking the help of an expert witness, it was determined that the specific vehicle in question had a value of under $950.
Mr. De La Cruz then withdrew the Penal Code 1473.7 motion once the prosecution agreed not to oppose the Proposition 47 reclassification. The trial judge reclassified the felony to a misdemeanor with a 364-day maximum sentence. As such, Mr.Brown was then no longer deportable and is now living legally with his father and siblings in the United States.
Learn more about reducing the charges against you by calling (760) 610-0606 today.
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