Make sure you secure the benefits you deserve under Prop 47 by hiring Chambers Law Firm.
Are you currently facing charges for a theft crime? Or have you already been convicted of one? In either case, you may be able to benefit from the recently passed Prop 47 legislation.
What is Prop 47?
Prop 47 is a sentencing relief measure that went into effect November 5, 2014. It provides for certain theft crimes that were formerly able to be charged as felonies to now be charged exclusively as misdemeanors in all cases. It also provides for qualifying felony theft convictions to be changed to misdemeanors and the sentences attached to these convictions to be reduced accordingly. This dual nature of Prop 47 is why both individuals currently facing charges and those already convicted need to know about it.
What Theft Crimes Does Prop 47 Cover?
The types of theft crimes that qualify for relief under Prop 47 include:
- Shoplifting: This is actually a new crime created under Prop 47. It is defined as entering a store during normal operating hours and taking goods worth less than $950. Prior to the passage of Prop 47 prosecutors could charge this type of crime as a felony commercial burglary.
- Forgery: If your charges involve forging a check, bond, money order, etc. worth $950 or less, you may qualify for relief under Prop 47.
- Passing Bad Checks: Another theft crime covered under Prop 47 is passing bad checks, provided that the value of the checks was $950 or less.
- Receiving Stolen Goods: This is an example of why technically Prop 47 applies to “theft-related crimes.” If you have been charged with receiving stolen property worth $950 or less, Prop 47 may offer relief.
- Petty Theft with a prior: One final covered crime is petty theft with a prior. Again, the value of cash or goods taken may not exceed $950 to qualify as a misdemeanor under Prop 47.
How Can Chambers Law Firm Help?
Chambers Law Firm can help you determine if you can avail yourself of the protections offered by Prop 47 by providing you with a free initial consultation to discuss the facts of your case. In some cases, it may be pretty cut and dry whether or not you can secure a reduced sentence, as individuals who have certain serious or violent felonies or sex crimes on their records are automatically excluded. In other cases, the assistance of an expert attorney may be the deciding factor as to whether or not you secure your sentencing reduction. This is because a successful resentencing petition must prove that the convicted individual does not present an “unreasonable risk” to the public. An experienced attorney like Dan E. Chambers may very well be able to provide a nuanced argument on this point, succeeding in securing resentencing where a less skilled attorney might fail.
