Prop 47 Sentence Reduction Process
Passed in November 2014, Prop 47 reduces certain low-level and non-violent felonies and wobblers to misdemeanor offenses. If you have a current or previous offense that falls under the list of reduced crimes, you may be eligible to have the felony on your record reduced to a misdemeanor.
The crimes that Prop 47 reduced to misdemeanor offenses include:
- Possession of a controlled substance
- Theft (including grand theft auto, grand theft firearm, and shoplifting) if the value of the stolen property is less than $950
You may be eligible for a sentence reduction if you were convicted of theft. - Check fraud, forgery, or bad checks, if the amount of the loss is less than $950
- Receiving stolen property worth $950 or less
However, if you have a previous conviction for a crime such as murder, rape or any child sex offense, or if you are required by law to register as a sex offender, you will not be eligible for any reductions under Prop 47.
Offenders who are currently serving a sentence and those who have already completed a sentence for a crime affected by the Prop 47 initiative can apply to have their offense downgraded to a misdemeanor offense on their record. If you are eligible for resentencing, the punishment for your conviction could be reduced to up to one year in jail and a fine of up to $1,000.
All applications must be filed to the court prior to November 4, 2017, which is three years from the date Prop 47 was passed by the voters.
How to Have Your Offense Downgraded under Prop 47
If you are currently serving a sentence or are on post-release community supervision or are on parole, you will want to retain an experienced criminal defense attorney to “petition” the court for resentencing. If the court finds that you are eligible for resentencing, your sentence will be reduced.
If you have already served your sentence and you are no longer on post-release community supervision or parole, then your criminal lawyer will file an application for sentencing relief. If you are found eligible, your crime will be reduced to a misdemeanor.
To begin the process of Prop 47 sentence reduction, your attorney will file an application with the court where you were sentenced requesting that a current or previous conviction be designated as a misdemeanor offense. You must file a separate application for each felony conviction that you want the court to consider for sentence reduction.
The court will review your history to determine if you are eligible for a sentence reduction under Prop 47. The law requires that the courts re-sentence any offender who petitions the court and who is found eligible for a sentence reduction under Prop 47 as long as they as they are not deemed to be a risk to society. When the court is determining your eligibility, your criminal history will be reviewed, including the type of crime committed, whether any victims were injured, and when the crime occurred. If you served a jail or prison sentence previously, the court will review the length of your sentence, as well as your conduct and behavior while serving your sentence. 1
If the court finds you are not eligible for resentencing under Prop 47, you will continue to serve your original sentence and your criminal record will not be changed.
The Number of Prop 47 Applications Continue to Grow Across the Country
It is expected that tens of thousands of convicted offenders in California will apply to have felony convictions reduced to misdemeanor crimes. However, at the time of this writing, only about 1,000 inmates have been released from custody under the new law. 2
There is no specific timeline for how long it takes to receive a decision by the court, but many courts have estimated between 30 and 120 days for a decision, depending on the circumstances of the case and whether your case requires a hearing.
Applying for Prop 47 Relief? Contact the Attorneys at Wallin & Klarich Now
If you have a previous felony conviction or a pending felony case that you believe is eligible for reduction under Prop 47, contact one of our experienced criminal defense attorney immediately. The skilled criminal defense lawyers at Wallin & Klarich have been successfully defending clients facing criminal charges for over 40 years. We know the Prop 47 process and can help you in your attempt to obtain a sentence reduction.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Torrance, Sherman Oaks, Riverside, West Covina, Victorville and Ventura, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. [http://www.cdcr.ca.gov/news/Proposition_47.html]↩
2. [http://www.utsandiego.com/news/2015/jan/02/hundreds-prisoners-released-proposition-47/]↩
