Reduction of Felony to Misdemeanor
Re-sentencing if Still Serving Sentence
If you have a felony on your record and it can be reduced to a misdemeanor, it is critical to do so. Being a convicted felon is a lifelong burden. It affects many areas of life, including: fighting for child custody; applying for a job; entering into a business partnership; discussing your past with the parents of your fiancé; applying to be a little league coach…and the list goes on and on.
If your felony conviction is for receiving stolen property, petty theft with a prior, forging or writing bad checks, or possession of a controlled substance (cocaine, heroin, methamphetamine, hash, etc.), then under a change in the law that went into effect on November 5, 2014, with the passage of Proposition 47 you may be eligible to have your conviction reduced from a felony to a misdemeanor.
If you are serving a sentence for one of the above offenses, you can petition the court to reduce your felony to a misdemeanor and reduce your sentence.
If you have already completed your sentence, you can petition the court to reduce your conviction from a felony to a misdemeanor.
Once your conviction is reduced, it is considered to be a misdemeanor “for all purposes” except it does not allow you to own, use or possess a firearm.
There are limitations about who can petition to have their conviction reduced to a misdemeanor. If it is a theft-related conviction, the amount of the theft, check or loss cannot exceed $950. Also, if you have a prior conviction which is a specific violent or serious felony or sex offense, you would be ineligible for this relief.
If you believe you may qualify to have your conviction reduced from a felony to a misdemeanor, seek this relief now because there is a three-year period during which you can petition the court. After three years the law will require you to show good cause as to why there was a delay in making the request.
If you have a felony that can be reduced, we can help you – contact us today for a consultation.