Can I get resentenced under Prop. 47 | (PC) 1170.18 | San Diego Prop 47 Attorney

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Can I get resentenced under Prop. 47 | (PC) 1170.18 | San Diego Prop 47 Attorneys

Prop. 47 initiative reduces the penalties for certain theft crimes and drug crimes in California. The signed law, which can be found under PC 1170.18, makes certain crimes that were previously felonies or wobblers in California law, and changes them to misdemeanors for all purposes, except gun for gun rights. 

This means that the maximum penalty for these crimes will generally be: up to one year in county jail; and/or a fine of up to one thousand dollars ($1,000).

This change can also positively impact your abilities to get a job, student loan, license, etc. 

1. Who is Eligible?

Anyone who has been convicted of the following crimes and meets the eligibility criteria:

• HS 11350 Possession of Cocaine or Heroin
• HS 11357(a) Possession of Concentrated Cannabis 
• HS 11377(a) Possession of Methamphetamine 
• PC 459 (Second Degree) Commercial Burglary of a Store During Regular Business Hours
• PC 473 Forgery 
• PC 476a Fraud/Bad Checks
• PC 487 Grand Theft
• PC 496 Receiving Stolen Property
• PC 666 Petty Theft/Shoplifting

For theft charges to be reduced, the amount stolen must have been less than $950. There are also restrictions if you have certain strike priors or had to register under PC290(c).

2. Is there a filing fee?

No, there is no filing fee.

3. Will there be a court hearing?

A court hearing will be required if there is a question whether a felony can be reduced to a misdemeanor. You may hire an attorney to represent you at this hearing.

4. If my sentence is reduced, will I be released from custody?

Even if you or your family member is in custody (jail/prison), he/she may still be eligible for a sentence reduction. The maximum jail time for most misdemeanors is one year in jail. If you already served more than a year, you will likely be released immediately. If you have been convicted of other charged, however, you will not be released. There will be a recalculation of the sentence based on a reduction. 

5. Will there be probation or parole after the reduction?

Maybe. A judge will make that determination.  It is important to hire a qualified attorney to represent your argument in the best light. You attorney may be able to convince a judge not to put you on probation.  

6. How will this effect my job, school, license, etc?

Resentenced  felony conviction to a misdemeanor is a misdemeanor for all purposes, except for your ability to own a gun. It’s usually better to have a misdemeanor record for scholarship and student loans. 

7. Will I be eligible for a certificate of rehabilitation?

Probably not. PC 1170.18 is likely to function similar to the  California expungement law found under PC 1203.4. In People v. Moreno, defendant whose prior felonies were reduced to misdemeanors and dismissed, pursuant to Penal Code Sec. 1203.4, was not eligible for a certificate of rehabilitation under Sec. 4852.01. Once defendant’s prior convictions were reduced, they were misdemeanors “for all purposes” as directed by Sec. 17(b), so he was no longer a “person convicted of a felony” described in Sec. 4852.01.

PC 1170.18 also contains “for all purposes” language.

8. Where will my petition be heard?

If the defendant is currently serving a sentence on the violation or has been diverted pursuant to Penal Code section 1000, or wishes to be resentenced, a hearing will be scheduled at the Central Justice Center.

9. How long will the process take?

The petition process may take between 15 to 60 days, depending on the details of the case.

10. What should I do next?

For questions about Proposition 47 and how to receive a sentence reduction under this initiative please call us at 619-357-6677. We can also discuss appellate issues that may be present on your case. 

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If you want to submit a petition to change your felony conviction to a misdemeanor call us at 619-357-6677.