California Proposition 47

Reducing Penalties For Theft and Drug Crimes

In November 2014 California voters approved Proposition 47 which is a sentencing reform measure designed to roll back unfair and outdated sentencing guidelines for certain drug and theft offenses. Under Proposition 47, several non-serious, non- violent crimes are reduced from felonies to misdemeanors. This means:

  • Individuals serving sentences for crimes now felonies may be eligible under Proposition 47 for reductions to misdemeanors, re-sentencing, and/or release.
  • Individuals who were convicted of a felony and completed their sentence may be eligible to have their felony reduced to a misdemeanor under Proposition 47.

Crimes Eligible For Proposition 47

Proposition 47 allows for the following California crimes to be reduced from felonies to misdemeanors:

Personal Use of Drugs including:

  • Possession of a Controlled Substance – Health & Safety Code section 11350;
  • Possession of Concentrated Cannabis – Health & Safety Code section 11357; and
  • Possession of Methamphetamine – Health & Safety Code section 11377.

Theft Crimes - all thefts of property valued at $950 or less including:

  • Shoplifting/Grand Theft - Penal Code section 487
  • Receiving Stolen Property – Penal Code section 496
  • Commercial Burglary - Penal Code section 459
  • Forgery - Penal Code section 473
  • Writing Bad Checks – Penal Code section 476a
  • Fraud/Writing a Bad Check – Penal Code section 487

Proposition 47 does not automatically reduce an existing felony conviction to a misdemeanor. Those people with existing felony convictions should petition the court with the assistance of a qualified criminal defense attorney. Proposition 47 is available till November 4, 2017, so it is important for people to act quickly on this. Individuals with prior convictions for serious or violent crimes under Penal Code section 667(e)(2)(C)(iv), or those individuals with prior convictions who are required to register as sex offenders are excluded from the benefits of Proposition 47.

Contact Stephen G. Rodriguez & Partners Today

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

Every case and individual is unique, and not everyone may be eligible for Proposition 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. Call us to schedule a no-cost consultation in our office. We can help you.

Contact us today to discuss your case!