If you have been convicted of a California felony, you may be eligible to have it reduced to a misdemeanor.
Being convicted of a crime can have a serious impact on your life. This is particularly true if you are convicted of a felony offense, which is the most serious of all criminal offenses. However, for Californians convicted of certain felony offenses, there may be relief. Under Penal Code 17(b), people who have been convicted of “wobbler” crimes as felonies and who have been sentenced to and have completed felony probation are eligible to have their felony convictions reduced to misdemeanor offenses. A skilled Los Angeles criminal defense attorney can help you determine if you qualify under this code section.
A “wobbler” offense is one that can be charged as either a felony or a misdemeanor, based on the facts of the case and the defendant’s criminal history. For example, a prosecutor may choose to charge a case as a felony rather than a misdemeanor because the defendant has a prior criminal history or because there was significant property damage involved. If you have been convicted of a felony that was a “wobbler,” then you may be eligible to have your conviction reduced.
However, there is a second requirement under Penal Code 17(b). In addition to having been sentenced to a “wobbler” felony, probation must have been granted. If you were sentenced to time in California state prison or county jail, or if you violated your probation, then you will not be eligible for a reduction. You must be sentenced to felony probation and successfully complete that probation in order to be eligible.
A judge can reduce a wobbler felony to a misdemeanor at the conclusion of the preliminary hearing, at the time of felony sentencing, or after you have completed your felony probation. Talk to your Los Angeles criminal defense attorney to discuss the best time to request having your felony conviction reduced to a misdemeanor.
A judge will look to a number of factors in deciding whether or not to reduce the conviction from a felony to a misdemeanor, such as the type of offense, the facts of the case, whether you have complied with your probation, and your personal and criminal history. The prosecutor may or may not argue against the reduction.
There are many benefits to obtaining a reduction of a felony conviction from a felony to a misdemeanor. As an experienced Los Angeles criminal defense attorney will tell you, if you have your conviction reduced, you will be able to honestly answer that you have never been convicted of a felony on various applications, be able to obtain professional licenses, serve on a jury, and restore your California gun rights.
If you have been convicted of a felony in California, a skilled Los Angeles criminal defense attorney can help you determine if you are eligible for a reduction or other relief under California law. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you.
