Posted in Proposition 47 FAQ'S on November 6, 2014
Can I really get my sentence changed or reduced to a misdemeanor?
The new changes under Prop 47 allow those convicted of certain theft charges to request reduction of their charges and sentence by petitioning the court. If you have been convicted of the following offenses AND are still serving a sentence (including being on probation, serving a prison term, etc), then you may file a petition for modification under Penal Code Section 1170.18.
Burglary (2nd Degree) – Penal Code 459
Forgery – Penal Code 473
Bad Checks – Penal Code 476a
Grant Theft – Penal Code 487 (all sections/subdivisions)
Possession of Stolen Property – Penal Code 496
Theft with a Prior – Penal Code 666
The reduction is NOT mandatory, and a Judge has the choice whether or not to grant the reduction from a Felony to a Misdemeanor and/or a reduction in sentence based on a number of factors.
Such factors include, but are not limited to, prior criminal history, prison disciplinary record, and whether the court believes release would pose an unreasonable risk of danger to public safety.
These petitions are somewhat complex, but do offer the opportunity for someone serving prison sentences to end their terms immediately, or for those simply wanting to reduce the impact of a Felony conviction on their lives immediately.
If you or a loved one are currently serving a sentence for any of the theft offenses and are interested in pursuing resentencing under the new Proposition 47, please contact me at (951) 667-5293 to discuss your situation – the call is FREE.