What is Prop 47?
Proposition 47, more commonly referred to as ‘Prop 47,’ in California is a legal process voters passed in 2014. Under Prop 47, you may be able to reduce a felony conviction to a misdemeanor for a number of charges. This can help you remove nearly all penalties associated with the label of ‘convicted felon’ in the state. Depending on your reason for seeking a reduction under Prop 47, you may be able to increase the likelihood of obtaining a professional license or obtaining new employment.
Many people are not aware of the details of Prop 47, such as what offenses are eligible or if they qualify. Below, our San Diego criminal defense lawyer explains in further detail.
Who Qualifies Under Prop 47?
You qualify to have a felony conviction reduced to a misdemeanor if your conviction is on the Prop 47 list and it is not itemized in the list of prohibited categories in the California Penal Code. This is true even if you served time in prison or were given a suspended sentence.
If you are serving a current prison sentence, a reduction under Prop 47 may still be available and you could be resentenced and even released from prison. If you have already served your sentence in full, it is important to speak to a criminal defense lawyer who can advise on your eligibility and give you the best chance of a favorable outcome.
Eligible Offenses
Under Prop 47, certain drug possession and theft offenses are eligible for reduction. These include:
- Possession of a controlled substance, but not sale or trafficking of drugs
- Petty theft
- Shoplifting
- Grand theft for items valued at less than $950
- Receiving stolen property
- Commercial burglary
- Forgery charges
It is important to speak to a criminal defense lawyer who can advise on whether your conviction is eligible for reduction.
What Offenses are Ineligible Under Prop 47?
Under Prop 47, certain offenses are not eligible for reduction. These include:
- Previous conviction for a violent or serious felony punishable by life in prison or death
- Previous conviction for possession of a weapon of mass destruction
- Previous conviction for assault on a firefighter or police officer with a machine gun
- Previous conviction for a sexually violent offense itemized in the Welfare and Institution Code
- Attempted homicide
- Homicide
- Solicitation to commit murder
If you have been charged or convicted of any of the above offenses, it is critical to speak to a criminal defense lawyer who can advise you of your options, guide you through the process, and give you the best chance of a possible outcome.
Call Our Criminal Defense Lawyer in San Diego Today
Regardless of the offense you have been accused of committing, you need legal help. At Anthony Z. Vargas, Esq., our San Diego criminal defense lawyer can provide it, outline your legal options, and help ensure that your rights and freedoms are protected. Call us now at 858-285-4595 or fill out our online form to request a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
selfhelp.courts.ca.gov/clean-your-record/felony-prop47
