Do You Qualify for Resentencing Under Proposition 47?

In November 2014, California voters passed a new law that changed the state’s approach to sentencing. Proposition 47 (also known as the “Safe Neighborhoods and Schools Act”) reduced the penalties for certain drug and theft crimes. In many cases, district attorneys no longer have the option of prosecuting “wobblers” – crimes that could be charged as either a misdemeanor or felony – as felonies.

The law not only changed the way these crimes are charged, but also allows people who are currently serving time for a conviction to get their sentences reduced. It allows people with past convictions to have the conviction on their criminal record reduced. Reducing a felony to a misdemeanor can lead to better employment opportunities and housing options that you may not have had with a felony on your record.

Unfortunately, not all of the news on Prop 47 is good news. As with almost all laws, there are exceptions. Here are three reasons why you might not be eligible for a reduction under this law.

1. Your Offense is Not on the List

Prop 47 only applies to certain drug and theft crimes. If your conviction is for any other crime, you are not eligible for a reduction.

Here are the crimes that are eligible under Prop 47:

• Shoplifting property that is worth up to $950;

• Grand theft of property that is worth up to $950;
• Receiving stolen property that is worth up to $950,
• Forgery of a check, bond, or bill worth up to $950,
• Writing a fraudulent check, draft, or order worth up to $950,
• Writing a bad check worth up to $950;
• Personal use of most illegal drugs, including methamphetamine, heroin, cocaine, prescription drugs and other controlled substances

Notice that the theft crimes are limited to items under $950 in value, and the drug crimes are for personal use only. This means that if you committed a crime that is charged under the same law as those offenses, the value of the property or the amount of drugs possessed may make you eligible for a reduction.

2. You Have a Previous Conviction for a Serious or Violent Crime

Prop 47 purposely excludes from eligibility persons who have been convicted of a number of serious offenses. If you previously committed one of the following offenses, you are likely ineligible to have any new offenses reduced to a misdemeanor:

• Murder or attempted murder;
• Solicitation of murder;
• Assault on a peace officer or firefighter with the use of a machine gun;
• Gross vehicular manslaughter while intoxicated;
• Possession of a weapon of mass destruction;
• Sexually violent offenses, such as those committed by use of force, violence, or threats;
• Sex crimes against a child under the age of 14; or
• Any other serious and/or violent felony that is punishable by life in prison or death.

Many of these offenses are covered under California’s “Three Strikes” law, which requires a mandatory life sentence for the commission of a third serious or violent offense. However, not all of the offenses under the Three Strikes law will render you ineligible for a Prop 47 reduction.

3. You Committed a Crime that Requires You to Register as a Sex Offender

Prop 47 also excludes people whose criminal history has required them to register as a sex offender. California Penal Code section 290 requires lifetime registry for many sex-related crimes, including, but not limited to:

• Rape;
• Sexual battery;
• Sexual acts with a minor;
• Indecent exposure;
• Child pornography; or
• Human trafficking for prostitution or child pornography purposes;

In addition to these crimes, a judge has the discretion to require you to register as a sex offender for crimes not on the list, depending on the facts of your case and the severity of the offense. If this happened in your prior case, you will be ineligible for a Prop 47 reduction.

Call a Criminal Defense Attorney Right Away

If you were convicted of a felony and are interested in finding out if you are eligible for resentencing under Prop 47, contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled team of attorneys has been successfully defending clients facing felony charges for over 40 years, and we have worked hard to help our clients reduce the impact of their prior criminal history on their lives..

With offices in Orange County, Los Angeles, Torrance, Sherman Oaks, Victorville, West Covina, San Diego, San Bernardino, Riverside, and Ventura, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are live or work.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

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