17(b) Motion in CA - Reduce a Felony to a Misdemeanor
Facing felony charges in California can be daunting, with the prospect of a significant prison sentence. However, California Penal Code Section 17(b) offers a legal procedure known as a "17(b) motion." This mechanism, when applicable, can bring relief and hope by allowing certain felony charges to be reduced to misdemeanors under specific conditions.
Simply put, a PC 17(b) motion is where you ask the court to reduce a felony offense to a misdemeanor. Notably, this is only possible if the felony is a wobbler, meaning the offense could have been originally charged as either a misdemeanor or a felony.
The defendant must have been granted probation for the felony offense, rather than being sentenced to state prison, to be eligible.
A 17(b) motion can be made at the end of the preliminary hearing, at sentencing, or when felony probation is completed. Being a convicted felon carries significant collateral consequences.
For example, it may be difficult to find employment, state licensing boards may refuse to certify you for certain professions, and you may be prohibited from owning, possessing, or using firearms.
The process of filing a 17(b) motion involves several steps. It starts with preparing and filing the necessary paperwork with the court. Then, the district attorney and probation department must be notified. Finally, there may be a court hearing where the judge will consider the motion.
When a judge is deciding on a 17b motion, they typically consider several factors. These include the defendant's criminal history, the nature of the offense, their behavior since the conviction, and whether they have completed all probation terms. Understanding these factors can help you prepare a strong case for the motion.
What is a 17(b) Motion?
Under California law, a 17b motion allows for a felony charge to be reclassified as a misdemeanor. This applies to "wobbler" offenses, which are crimes that can be charged and punished as either a felony or a misdemeanor.
Examples of wobblers might include certain theft crimes, assault charges, or nonviolent drug-related offenses.
This charge reduction can carry significant benefits. Compared with a felony, a misdemeanor is generally associated with less severe penalties, shorter jail time, lower fines, and fewer restrictions regarding employment, housing, and other aspects of daily life.
Importantly, once a felony is reduced to a misdemeanor, it is legally regarded as a misdemeanor moving forward, providing a potential fresh start and a chance to move forward positively.
What Does Penal Code 17(b) PC Say?
The full statutory language of California Penal Code 17(b) PC says, "(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:
(1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.
(2) When the court, upon committing the defendant to the Division of Juvenile Justice, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of arraignment or plea objects to the offense being made a misdemeanor. In this event, the complaint shall be amended to charge the felony, and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint."
When Can a 17(b) Motion Be Filed?
There are three points during the processing of criminal charges at which a California criminal defense attorney may file a 17(b) motion:
- At the Conclusion of the Preliminary Hearing: A preliminary hearing occurs early in the criminal justice process, typically after an arrest and before a case is set for trial. During this stage, your attorney may file a 17(b) motion requesting that the charge be reduced before further proceedings.
- At Sentencing: A 17(b) motion can also be submitted at the time of sentencing. This option may be pursued if, based on the circumstances of your case and the court's discretion, a downward reduction in charges is deemed appropriate at this specific stage.
- After Completing Felony Probation: If the court grants probation instead of sentencing you to state prison, you may file a 17(b) motion upon successful completion of the probation term. At this point, the judge has the authority to reclassify your felony as a misdemeanor, provided you meet the eligibility criteria outlined below.
What are the Eligibility Requirements for a 17(b) Motion?
Not everyone facing a felony charge qualifies for a reduction under Penal Code 17(b). Certain requirements must be met, and courts have wide discretion when assessing these motions. Below are the key eligibility conditions:
- The Offense Must Be a "Wobbler." The 17(b) motion only applies to wobbler offenses that can be prosecuted as either a felony or a misdemeanor. Pure felonies (crimes that can only be charged as felonies, such as murder or certain sexual assaults) are ineligible for reduction through this process.
- Probation Must Be Granted (in Most Cases). If you are sentenced to state prison for a felony, you lose the opportunity to reduce the charge to a misdemeanor under Penal Code 17(b). This is because state prison sentences represent a formal punishment for a felony. Conversely, if the court grants probation instead of a prison term, you remain eligible for a reduction. At the preliminary hearing, the probation requirement does not yet apply as the case has not progressed to sentencing.
- The Court's Discretion. Even if you meet the technical requirements-having committed a wobbler offense and avoided a state prison, the court still has discretion. Judges consider several factors, including the details of the case, your criminal history, whether you complied with probation terms, and your likelihood of reoffending. The overall goal is to determine whether reducing your charge aligns with justice and public safety.
How Can a 17(b) Motion Impact Your Future?
The benefits of having a felony reduced to a misdemeanor can extend far beyond the courtroom. Here are some of the key advantages to consider:
- Employment Opportunities: Many employers are hesitant to hire individuals with felony convictions, and a felony conviction can also render you ineligible to be hired in certain jobs (such as education or law enforcement). A successful 17(b) motion can help remove barriers to job opportunities and career advancement.
- Housing Options: Landlords often conduct background checks, and some may deny housing to applicants with a felony record. Reclassification can make finding housing easier.
- Restoration of Rights: While a misdemeanor conviction may still carry consequences, it avoids some of the more severe restrictions associated with felonies. This includes potential restoration of gun ownership rights (depending on the nature of the offense) and voting rights for specific circumstances.
- Social and Personal Repercussions: The stigma of a felony conviction can affect relationships, civic engagement, and overall quality of life. Having the charge classified as a misdemeanor can help mitigate these challenges.
For more information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.
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