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Proposition 47

Need help with a Prop 47 resentencing petition? Trust Chambers Law Firm

In November of 2014, California voters passed Proposition 47, a ballot initiative intended to ensure more lenient and appropriate charges and sentences for certain nonviolent, low level offenders. This will help provide these individuals with an easier path towards becoming productive members of society after a conviction.

Crimes Affected by Proposition 47

Many crimes that were previously “wobblers” and could be charged as either felonies or misdemeanors have become automatic misdemeanors under Proposition 47. This includes:

Theft crimes involving $950 or less:

  • Petty theft
  • Shoplifting
  • Forgery involving a check, bond, note, cashier’s check, money order, etc.
  • Passing a bad check
  • Receiving stolen property

Drug crimes involving simple possession of:

  • Cocaine
  • Methamphetamine
  • Concentrated cannabis
  • Other drugs described in Health & Safety Code Sections 11350(a), 11377(a), and 11357(a)

These drug possession offenses now carry a maximum penalty of one year in county jail.

Start Your Resentencing Petition Now

If you were convicted of one of the above offenses before Proposition 47 passed on November 4 of 2014, you may qualify for a recall of sentence. This would change your existing felony conviction to a misdemeanor on your permanent record. If you are currently serving a sentence, your sentence may be reduced to reflect the current penalties permissible under Proposition 47. This could help you get out of jail and/or off probation faster.

Here’s how it works:

  • You must file a petition for recall of sentence with the court that originally issued your sentence by November 4, 2022
  • The court will review your criminal history to see if you are eligible for resentencing
  • If you are eligible, the court must resentence you unless doing so would present an unreasonable risk to public safety.

When assessing the risk to public safety, the court may consider your criminal history, including the types of crimes on your record, the extent of any injuries to victims, the length of prior sentences, and your disciplinary and rehabilitation records. For best results, you should have a qualified attorney prepare your petition to make sure the court receives all relevant information that could support a successful request for resentencing.

Prop 47 Exceptions

Prop 47 is intended to provide sentencing relief for small-time criminals to get them out of the system faster and thereby aid in their rehabilitation. Therefore Prop 47’s sentencing reductions do not apply to persons who have been convicted of one or more specified serious or violent felonies, certain sex offenses, and/or crimes that require registration under Penal Code section 290 as a sex offender. Instead, these individuals are subject to the longer punishments recognized under previous law.

Get Help with Petitions for Resentencing

If you have been charged with or convicted of a crime under Prop 47’s purview, you may well qualify for a reduction in charges or sentence. The best way to figure out if you qualify is to contact an expert criminal defense attorney right now. Chambers Law Firm will be happy to evaluate your case and begin preparing your resentencing petition as soon as possible. Please contact us at 855-397-0210 now to get the process started—And remember, you only have until November 4, 2022 to file your petition.