A law was passed on November 4, 2014, reducing a number of felonies to misdemeanors. The law is retroactive, meaning it applies to past eligible convictions no matter how old they are. You are likely eligible for a reduction if you were convicted of the following charges:
-Commercial burglary of a store during business hours (PC §459)
-Forgery (PC §470)
-Fraud/Bad Checks (PC§476)
-Theft Offenses (§§484, 484/666, 484e, 487)
-Possession of Methamphetamine (HS §11377)
-Possession of Controlled Substance (HS §11350)
-Possession of Concentrated Cannabis (HS §11357(a))
-Receiving Stolen Property (PC §496)
In order to have a theft charge reduced, the value of the stolen property must have been less than $950.00. Simple possession of any controlled substance has now been reduced to a misdemeanor.
People who are required to register as a sex offender or have been convicted of certain serious prior convictions may not be eligible for this reduction.
If you are in prison for an offense that is reduced to a misdemeanor and for no other reason, you should be released. Misdemeanors are punishable by no more than a year in the county jail. Even if your case is reduced to a misdemeanor, you will still be responsible to pay restitution orders on the case. You can seek to have the fines reduced based on a reduction of the charge.
If you are filling out an application for a job, school, licensing or the military, any felony that is recalled and resentenced as a misdemeanor is a misdemeanor for all purposes, except for the ability to own or possess a firearm. Even after your felonies are reduced to misdemeanors, it is still a crime to own or possess a firearm.
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please call (650) 298-4000
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"If there is no equal justice,
there is no justice at all."
Chief Justice Warren Burger