What is Prop 47?
In 2014, California passed a new law, Proposition 47, that reduced certain offenses from felonies to misdemeanors. Also some offenses that used to be “wobblers” (can be filed as a misdemeanor or felony) are now only misdemeanors. Prop 47 can also be used to reduce a past conviction. If you have been convicted of an offense that is eligible for reduction under prop 47, you can ask the court to “resentence you” which means have the court change your conviction from a felony to a misdemeanor.
What is the difference between a Felony and a Misdemeanor?
The short answer: THE CONSEQUENCES
The punishment for a misdemeanor is a fine, less than 1 year in county jail, and/or informal probation, which means you would not have a probation officer. The punishment for a felony is a fine, less than 1 year in county jail, formal probation, which means you will have to check in and be monitored by a probation officer, or you can be sentenced to prison. Prison sentences can range from 16 months to life. You can also be placed on parole after you serve your prison sentence. Some counties also require you to give a DNA sample for felonies but not for misdemeanors.
What Offenses were reduced under Prop 47
- — Drug Possession (HS 11350, HS 11377, HS 11357(a))
- — Under the Influence of Drugs (HS 11550)
- — Theft/Shoplifting/Commercial Burglary less than $950 (PC 484(a), PC487(a), 459(a) and (b))
- — Receipt of Stolen Property less than $950 (PC 594(a)
- — Forgery less than $950 (PC 470-476)
- –Fraud/Bad Checks less than $950 (PC 476a)
If you believe you are eligible for resentencing under Prop 47, contact the Law Offices of the Heena Patel. Attorney Patel will help you get your conviction reduced.