Learn if you qualify for sentencing relief under Prop 47 with help from Chambers Law Firm.
If you’ve been following the media coverage of Prop 47, you might be very excited about the possibility of reducing your felony conviction to a misdemeanor under the provisions of this new law. However, there are many important exceptions to Prop 47 that could prohibit you from getting relief. Here are the 3 most important limitations to understand.
Only Certain Crimes Qualify
First of all, Prop 47 is limited in scope to certain drug and theft-related crimes. The specific crimes covered include:
- Possession of cocaine, meth, hashish, and certain other drugs
- Shoplifting, forgery, passing bad checks, receiving stolen goods, and petty theft with a prior involving a value of no more than $950
Therefore, if your theft-related crime involved more than $950 or if your drug crime involved more than simple possession (such as possession with intent to sell), you would not qualify for Prop 47 relief.
Certain Priors Can Disqualify You
Prop 47 was designed to assist non-violent, low-level offenders in serving their sentences more quickly and becoming productive members of society more easily. Therefore Prop 47 does not apply to individuals with certain priors including:
- Any crime requiring registration as a sex offender
- Sexual violent offenses
- Homicide or attempted homicide
- Assault on a peace officer with a machine gun
- Possession of a weapon of mass destruction
- Any serious or violent felony that could be punished with life in prison or the death penalty
Not All Rights Restored
Another very important fact to understand about the sentencing relief granted by Prop 47 is that not all rights that were taken as a result of a felony conviction will be restored when that conviction is reduced to a misdemeanor. For example, if you have had your firearm privileges revoked in connection with a felony conviction, you will not regain these privileges by securing Prop 47 resentencing relief. However, you will have the felony removed from your criminal record so that potential employers, landlords, lenders, and other private individuals that commonly run background checks will not be able to see it.
Find Out if You Qualify for Free
Wondering if you qualify for a reduced sentence under Prop 47? The easiest way to find out is to contact Chambers Law Firm. We’ll set up a free initial consultation for you to determine if you qualify and help you understand what will be involved in filing a Prop 47 resentencing petition.
