With the passing of Proposition 47 in California on November 4, many are wondering what impact it will make on people’s lives.
Proposition 47 reduces sentences for non-violent crimes such as drug possession, shoplifting, check and credit fraud, forgery, theft and possession of stolen goods when the total amount of money affected is less than $950. The sentence for all of these crimes will be downgraded from a felony to a misdemeanor.
Now that drug possession (including heroin, cocaine, methamphetamine, and other illegal drugs) and the crimes listed above will be charged as misdemeanors instead of a felonies, many thousands of cases will receive much lighter sentences.
Even those who have already received and are fulfilling their sentences can petition for their cases to be reviewed and resentenced, resulting in less prison time, reduced fines, and lighter other penalties for many non-violent crimes.
But what is the difference between a felony and a misdemeanor? In California and most other states, there are alternative felony/misdemeanor crimes, also known as wobblers. These crimes can be charges as felonies or misdemeanors, depending on the circumstances. They can be charged as felonies at first, but later reduced to misdemeanors by the sentencing court. In California, someone convicted of a misdemeanor appeals to a different court than one convicted of a felony. http://www.quickanddirtytips.com/business-career/legal/difference-between-felony-and-misdemeanor
A felony charge is much worse because more jail time, increased fines, and other punishments are passed down from the court compared to a misdemeanor charge. Additionally, someone who has a felony charge on their record is prohibited from owning guns or obtaining certain licenses such as a hunting or fishing license. In California, those who are serving a felony sentence may not vote until they are released from jail and have fulfilled their parole commitments. http://felonvoting.procon.org/view.resource.php?resourceID=000286
If your case relates to the Proposition 47, whether you’re waiting to go to court for the first time or you’ve received a conviction, contact Dan Chambers of the Chambers Law Firm for a free consultation. You have nothing to lose and so much to gain by pursuing a lighter sentence because of Proposition 47.
