10/27/2015
Certain Felonies can now be reduced. We can help you with this issue.
On November 5, 2014, Proposition 47 (Prop 47, “The Safe Neighborhoods and Schools Act”) opened a three-year window to petition to have a wide-range of previous felony offenses reduced to misdemeanors. Prop. 47 has been codified under Penal Code § 1170.18.1
What Offenses Can Be Reduced under Prop 47?
Under Prop 47 the following felony drug possession offenses can be reduced to misdemeanors:
Health & Safety Code § 11350 (simple possession of he**in and co***ne.)
Health & Safety Code § 11357(a) (possession of concentrated cannabis (hashish)
Health & Safety Code § 11377 (simple possession of methamphetamine)
arrow_small_red Prop 47 Theft, Fraud, and Forgery Convictions
Under Prop 47 the following theft, fraud, and forgery convictions for $950 or less, can be reduced to misdemeanors:
Penal Code, § 459 (2nd degree (commercial) burglary), so long as the value does not exceed $950.
Penal Code, §§ 470, 471, 472, 473, 475, 476, 484f, & 484i 473 (forgery of a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order”), when the total value of all the items does not exceed $950. In addition to the general disqualification for Super Strikes, this section of Prop 47 “shall not be applicable to any person who is convicted both of forgery and of identity theft, as defined in Section 530.5.”
Penal Code, § 476a (nonsufficient funds, also known as “check kiting”), if the total amount of the checks is less than $950, and the defendant does not have three or more priors for violating Penal Code, §§ 470, 475, or 476.
Penal Code, § 496 (receiving stolen property), if the value of the property received does not exceed $950.
Penal Code, § 666 (petty theft with a prior), if the value of the property stolen does not exceed $950.