California Proposition 47 is the Reduced Penalties for Some Crimes Initiative. In 2014, California voters approved lowering the charge and penalties for certain offenses and allowing individuals convicted of these crimes to petition the court to reclassify their convictions and resentence them.
If you are currently imprisoned for a Prop 47 offense that was originally a felony, it is best to talk with a lawyer about resentencing. Your original sentence for a felony could be significantly reduced. You may have also completed your sentence for an eligible offense, in which case an attorney can help with reclassification.
Spolin Law Firm, PC, assists individuals with resentencing and reclassification. Aaron Spolin is an award-winning California appeals attorney and former prosecutor. He will carefully review your case to determine if you are eligible and guide you through the court process. Reach out online or call (310) 424-5816 to set up a free consultation.
Prop 47 Reduced Several Felonies
Prop 47 lowered specific non-violent property and drug crimes from felonies to misdemeanors, unless they had a prior violent or sex crime conviction. This helps individuals in two ways.
Misdemeanors carry lighter sentences than felonies and, in many situations, fewer collateral consequences. A felony record can be extremely damaging to someone’s future.
Prop 47 Eligible Offenses
The offenses included in Prop 47 are:
- Shoplifting: Less than $950 worth of merchandise
- Petty theft: Property worth less than $950
- Receiving stolen property: Less than $950’s worth
- Forgery: Value of forged instrument must be less than $950
- Fraud: Less than $950’s worth
- Writing a bad check/insufficient funds: Less than $950’s worth
- Simple drug possession: Personal use of controlled substances
Some of these were felonies or wobblers, which means the prosecution has discretion in charging it as a misdemeanor or felony. Now, they are misdemeanors every time.
If you were convicted before November 2014, talk with us about resentencing or reclassification.
Resentencing – Are You or a Loved One Serving Time?
People currently serving time in California prisons, on probation, or parole for a Prop 47 offense can ask the court to reduce their sentence to what it would be as a misdemeanor. You must file a petition with the court that entered the original judgment against you.
If you are eligible, the judge recalls your previous sentence and resentences you under the new misdemeanor offenses. However, the court can refuse to resentence you if it finds you pose an unreasonable risk of danger to public safety.
If you are resentenced, you will be given credit for time served. You are also subject to up to one year of parole. Therefore, you could be out of prison much sooner, even right away, if you served over a year.
If you are granted parole or probation, make sure to follow all the conditions. A probation or parole violation could send you back to court and then prison.
Reclassification – Did You Complete Your Sentence?
Have you completed your sentence for a past Prop 47 offense? If so, talk with a lawyer about getting your conviction reclassified as a misdemeanor.
The first step is making sure you are eligible. Your conviction has to be for one of the offenses listed above. You also cannot have certain other crimes on your record, such as rape, child molestation, murder, or identity theft. You are not eligible if you are a registered sex offender. Here is a full list of disqualifying convictions.
If attorney Aaron Spolin finds you are eligible, he will guide you through the paperwork and filing your petition in the court that handed down the original felony judgment. You also have to serve the district attorney’s office with the forms to show you are asking for a reclassification. If you are eligible, then the court must change the felony to a misdemeanor.
Deadline for Filing
The deadline for filing a resentencing and reclassification petition is Nov. 4, 2022, or a later date if you can show reasonable cause. Though you have about two years left to take advantage of these changes, there is no need to wait. Find out if you are eligible as soon as possible.
Let an Experienced Appeals Lawyer Help You
Resentencing and reclassification under Prop 47 are similar, but not the same thing. It is essential to have an attorney represent you throughout either process.
At Spolin Law Firm, PC, we will thoroughly review your circumstances, and if you are eligible, we will guide you through the process. Call us right away at (310) 424-5816 or use our online form to set up a consultation.