Understanding the legal process of reducing a felony conviction to a misdemeanor is crucial. This life-altering change is covered under California Penal Code Section 17(b) PC.
For individuals with California felony convictions, there's a potential opportunity that shouldn't be overlooked. It's possible to reduce these convictions to misdemeanors, offering a promising path to a brighter, more hopeful future.
Under California law, certain crimes are commonly referred to as “wobblers.” This term signifies that the prosecutor has the discretion to file a criminal case as either a felony or a misdemeanor offense, ensuring a fair and just legal process that you can trust and have confidence in.
The role of a Los Angeles County prosecutor is pivotal in the legal process. They determine whether a wobbler crime is a felony or misdemeanor, a decision made when charging allegations are filed or by the judge at sentencing. Their discretion is guided by the case's circumstances and applicable laws.
Under California Penal Code § 17(b), a so-called “wobbler” offense can be changed by a judge from a felony offense to a misdemeanor offense as long as you are eligible and upon filing a proper motion to the court. In fact, the judge can reduce a felony to a misdemeanor even when the prosecutor objects.
The 17(b) motion is highly discretionary, and it's always in your best interest to have the support and guidance of a Los Angeles criminal defense lawyer at Eisner Gorin LLP to advise and handle your reduction petition. Our lawyers are frequently asked: What exactly are the benefits of reducing a felony conviction to a misdemeanor? We are here to provide the support and guidance you need, ensuring you feel supported and guided throughout the process.
Reducing a felony conviction to a misdemeanor carries numerous benefits. For instance, it allows you to answer 'no' when asked about a felony conviction on job or housing applications, increasing your chances of approval. It also opens up opportunities for obtaining professional licenses and restores your California gun rights.
Finally, reducing the felony offense can protect you from harsher legal sentences for any future crimes, such as longer prison terms or stricter probation conditions. Now that we have covered a general overview of reducing a felony to a misdemeanor under PC 17(b), let's take a more thorough review of the legal definition, motion, and eligibility below.
Legal Definition of PC 17(b)
Under California Penal Code Section 17(b), the legal statute is described as follows: "When a crime is punishable by discretion from the court, either by imprisonment in county jail or state prison, under provisions of Penal Code Section 1170(h), or by fine and imprisonment in county jail, it's a misdemeanor, (3) When the court grants probation to defendant without imposition of a sentence, and when probation was granted, the court declares the offense to be a misdemeanor."
Felonies Eligible for Reduction
California Penal Code Section 17(b) states that in order to be eligible for reduction, you must have been convicted of a "wobbler offense," granted probation, and not have been sentenced to a California state prison or sentenced to a suspended prison sentence.
It's important to note here that you need to understand exactly what a wobbler is. As stated above, a "wobbler" is an offense that can be charged as either a misdemeanor or a felony. Some common examples of California "wobbler" offenses include:
- California Penal Code Section 459 – Burglary,
- California Penal Code Section 245 – Assault with a deadly weapon,
- California Penal Code Section 273.5 – Spousal abuse,
- California Penal Code Section 422 – Criminal threats,
- California Penal Code Section 243.4 – Sexual battery,
- California Penal Code Section 288 – Lewd acts with a minor.
It should be noted that this list above does not include all eligible offenses. Many California sex and fraud charges are eligible for reduction. Remember, only felony crimes that are wobblers can be reduced to misdemeanors. This means "straight" felony offenses aren't eligible for reduction.
Eligibility Requirements
Not all California felony offenses can be reduced to a misdemeanor. In order to qualify for a reduction, you must have been granted probation, and the following also apply:
- No California state prison sentence. If you were sentenced to a state prison or county jail under AB 109, you can't file a 17(b) motion to reduce a felony to a misdemeanor. Additionally, this includes a sentence where the execution of a state prison sentence was suspended.
- Wobbler offense. As discussed above, your underlying offense must have been categorized as a wobbler.
- Completed probation. In order to be eligible for a felony reduction, you must have completed the terms of your probation. This also includes paying all your outstanding fees and fines.
As stated above, it's essential to note that, under California realignment, commonly known as the Public Safety Realignment initiative (AB 109), a state prison sentence for certain felony crimes has been replaced by sentences in a county jail.
These are considered a state prison sentence, which means you would not be eligible for a felony reduction. Contact a Los Angeles criminal defense lawyer at our law firm for additional information about your eligibility for a reduction under California Penal Code Section 17(b).
When You Can Get Your Felony Reduced
While there are several times during your case when you can request a reduction of your felony, a 17(b) motion to reduce is typically filed after you have completed probation, or when your probation was terminated early due to good behavior.
The judge could also reduce a felony to a misdemeanor after your preliminary hearing, or at the time of sentencing on your felony case. In some cases, our criminal attorneys might be able to assist you in obtaining early termination of probation. Contact our law firm for more information.
Factors Considered By the Court
The legal process of filing a 17(b) motion to reduce a felony starts with submitting a specific petition to the court, which will then schedule a hearing date. The prosecutor's office must be served with the papers and provided with sufficient notice to oppose your motion.
At the hearing, both sides will present an argument. The judge will use a variety of factors in order to determine whether to grant or deny your PC 17(b) felony reduction. These include:
- The exact nature and facts of your offense;
- Whether you complied with the terms of probation;
- If restitution was ordered, whether it has been paid;
- Your prior criminal history;
- Recommendation from the probation department.
In some cases, the prosecutor may argue against granting the motion to reduce. Afterward the hearing has concluded, the judge will make a ruling on your motion.
If the judge grants your motion, your felony will be reduced to a misdemeanor. A felony reduction to a misdemeanor offense is often the first step toward pursuing an expungement, as outlined in California Penal Code Section 1203.4.
Benefits of a Successful Reduction
It's no secret that having a felony conviction on your record poses a significant hardship in obtaining employment, housing, licenses, and social services. It also means much greater legal punishments for any future criminal offenses due to sentencing enhancements.
A misdemeanor record will not normally impact your future opportunities to any great extent. Under state and federal law, a felon is prohibited from possessing or owning a firearm.
However, suppose you are successful in your California Penal Code Section 17(b) motion to reduce felony and have no other felony convictions. In that case, you will be able to have your gun rights restored.
A successful reduction of a felony to a misdemeanor means you don't have to admit you were ever convicted of a felony crime. Again, this is significant for employment and loan applications, as well as for enlisting in the military. In other words, the law will no longer recognize you as a felon.
As you can see above, successfully reducing a felony to a misdemeanor has numerous benefits. However, it is worth noting that certain penalties will still apply after the reductions.
For example, if your offense was considered a serious felony or violent felony in California, your conviction will remain a "strike" for the purposes of California's Three Strikes Law.
Also, if you were required by the court to register as a sex offender under California Penal Code Section 290, you will still be required to register after the reduction.
Contact Los Angeles Criminal Lawyers
We are often asked whether an attorney is actually needed to file a motion to reduce a felony under California Penal Code Section 17(b). In many cases, the answer is YES. Why? You will need to present the court with facts and supporting documentation that would justify a decision to reduce your felony offense to a misdemeanor.
Our Los Angeles criminal defense attorneys can present compelling evidence to convince the judge to grant the motion. The first step is to contact our law firm, so we can determine your eligibility and discuss available options. You deserve a second chance and should not be defined by the label of being a felon.
We offer a free, immediate response. Contact us at 877-781-1570. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776
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