What Are the Two Main Benefits of Prop 47?

At Chambers Law Firm, we help ensure you get all the protections you deserve under Prop 47.

On November 4, 2014, the California voters passed an important new law called Prop 47. You’ve probably heard a lot of references in the media to this law and how it will affect our society as a whole. But do you understand how Prop 47 may affect you as an individual facing or convicted of certain theft or drug crimes?

Here are the two main benefits you may be able to reap from Prop 47:

  1. Reduced charges. The first main benefit of Prop 47 is to eliminate the prosecutor’s ability to file certain theft and drug charges as a felony. Instead, these charges must be filed as a misdemeanor. By reducing the charges in this way, the law provides for non-violent offenders to receive punishment more appropriate for their crimes and prepares them to re-enter society more quickly after serving their sentences.
  2. Reduced sentences. The second benefit of Prop 47 is an extension of the first. It provides certain individuals who have been convicted of the specific theft or drug felonies that have been changed to misdemeanors by Prop 47 with the ability to go into court and petition for a reduced sentence. If their petitions are successful, these individuals will then have their felony conviction changed to a misdemeanor, have their sentence reduced accordingly, and receive credit for time served.

Of course, in order to benefit from Prop 47 you must fall within the qualification requirements stated in the law.

The first requirement is that your crime be a qualifying theft or drug crime. Theft crimes covered by Prop 47 include many different types of crimes involving less than $950 in value, such as shoplifting, petty theft, forgery, and receiving stolen property. Covered drug crimes include simple possession of marijuana and some other illegal drugs.

The second requirement is that you are a non-violent offender with no serious convictions on your record. If you have been convicted of serious or violent felonies or any sex crime requiring registration as a Sex Offender, you would not qualify for a sentencing reduction.

Want to Find Out If You Qualify for Prop 47 Benefits?

Chambers Law Firm will provide you with a free consultation where you can learn whether you fall under the purview of Prop 47 and whether you can qualify for relief under this new law. Please contact us today to schedule your free initial consultation.

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