Sacramento Proposition 47 Sentence Modification Attorney. Reduce Felonies to Misdemeanors.
Sacramento Criminal Defense Attorneys are Excited!
Proposition 47 Reduces Selected Felonies to Misdemeanors.
Proposition 47 is a fantastic new law in the State of California that was voted into law in the November 5th 2014 state election. Proposition 47 is a very important new law for those who either have been, or will be, prosecuted for certain listed crimes (previously felonies), as those felonies are now misdemeanors.
The following is a list of crimes that were reduced to misdemeanors, in many instances, under proposition 47:
Shoplifting (under $950) Previously charged as Burglary (PC 459)
Forgery (PC 473)
Passing a Bad Check for $950 or less (PC 476a)
Grand Theft Under $950 (PC 487)
Petty Theft with a Prior Petty Theft Conviction (PC 666)
Receiving Stolen Property worth $950 or less (PC 496)
Possession of a Controlled Substance HS 11350
Possession of Concentrated Cannabis HS 11357
Possession of Methamphetamine HS 11377
Modification of Sentences Under Propostion 47. Many Will be Eligible for Release from Jail or State Prison.
One of the best features of the new law called Proposition 47, is that it allows for the retroactive modification of a sentence that included a felony conviction that would have been a misdemeanor had proposition 47 been the law at the time of sentencing.
We have already had a client released from Jail due to this new law, and many others will follow.
Proposition 47 Results in Sacramento Inmates Being Released from Jail
Many individuals are serving considerable time in jail or prison for small crimes. For example, we had a client released from jail who had been convicted of a previous strike. That client was later charged with possession of a very small amount of methamphetamine and was charged with a felony violation of HS 1377. Prior to the passage of proposition 47 our client was facing 32 months in state prison for possession of a small amount of drugs (Think of the expense to the state of California to house him in prison for 32 months for such a minor crime). Two days after the passage of Proposition 47 our client was released from jail. His charge is now a misdemeanor and it is unlikely that he will serve jail time.
The applicable section of the code reads:
“SEC. 14. Section 1170.18 is added to the Penal Code, to read:
1170.18. (a) A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (“this act”) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act.”
Retroactive Reduction of Crime Severity Under Proposition 47
Another great feature of proposition 47 is that it allows for individuals with felony convictions on their records to have their conviction modified retroactively to reflect a misdemeanor conviction instead of a felony conviction.
Call Us Today for A Sentence Modification (916) 277-8299
Proposition 47 is a brand new law. However it is one of the best and most powerful laws passed in decades in California given the impact it can have on people’s lives. We are currently helping a client who is in State Prison who will be released soon as a result of this law. We have already gotten one of our clients out of jail bases on Proposition 47. Very few other attorneys understand this law, or know how to use it. We do! We have studied every word of Proposition 47 and we are excited to save defendants charged with petty felonies get those charges reduced to felonies. Call us today. We can help you.
