California Prop 47

Resentencing & Reducing Crimes Under Proposition 47

In November 2014, California voters approved Proposition 47, also referred to as "The Safe Neighborhoods & Schools Act" or the "Reduced Penalties for Some Crimes Initiative." Prop 47 is a sentencing reform measure designed to roll back unfair and outdated sentencing guidelines for certain drug and theft offenses.

Proposition 47 aims to not only lessen penalties for certain crimes, but to also free up resources for overburdened law enforcement, jails, prisons, and others in the criminal justice system. Under Prop 47, a number of low-priority crimes are reduced from felonies to misdemeanors. This means:

Individuals serving sentences for crimes that are now felonies may be eligible under Prop 47 for reductions to misdemeanors, resentencing, and/or release.

Individuals who have been convicted of a felony and completed their sentence may be eligible to have their felony reduced to a misdemeanor under Prop 47 and be eligible to reduce the conviction on their criminal record.

Eligibility for Prop 47 Resentencing

Proposition 47 allows individuals convicted of certain non-serious and non-violent crimes to pursue resentencing and reductions. In order to be eligible, you cannot have a prior violent or serious offense. Prop 47 also only applies to certain drug and property crimes:

Drug Crimes - Proposition 47 is the first measure in the U.S. to declassify the personal use of most controlled substances from felonies to misdemeanors. If you have been convicted of a felony drug crime such as simple drug possession (methamphetamines, controlled substance, or concentrated cannabis), you may be eligible to have the conviction reduced to a misdemeanor.

Property Crimes - Under Prop 47, certain non-violent theft crimes were reduced to misdemeanors. If you were convicted of any of the following offenses involving property valued at $950 or less, you may be eligible for re-sentencing/reduction:

  • Shoplifting (Petty Theft) – Penal Code section 484
  • Commercial Burglary – Penal Code section 459
  • Grand Theft – Penal Code section 487
  • Receiving Stolen Property – Penal Code section 496
  • Forgery – Penal Code sections 470-476
  • Fraud/Writing a Bad Check – Penal Code section 487.

Who We Can Help

Stephen G. Rodriguez & Partners can help individuals learn more about reducing their sentences and convictions under Proposition 47. Our legal team can help individuals who were sentenced for felony crimes that are now misdemeanors, and individuals who face these allegations today.

We can be of assistance if you were convicted of an eligible drug or property crime and:

  • Are currently serving a sentence in custody or under court supervision.
  • Are not in custody or under court supervision.
  • Are participating in drug diversion.

Every case and individual is unique, and not everyone may be eligible for Prop 47 re-sentencing. Our lawyers are ready to personally review your situation to determine how we can help you reduce a prior conviction, amend your sentencing, or secure an immediate release.

Contact Stephen G. Rodriguez & Partners Today

Proposition 47 is a significant step toward criminal justice reform, as it allows individuals convicted of non-violent, low-level crimes to reduce convictions, sentences and clean up their criminal record. If you have questions about your case, about whether you may be eligible to apply for reducing your felony to a misdemeanor, or re-sentencing under Prop 47 our firm can help and our lawyers can provide you with review.

Contact us today to discuss your case!