We have received considerable feedback on the new law enacted in California regarding the felony charges that can be reduced to misdemeanors under Proposition 47. In California, Proposition 47 requires judges to impose a misdemeanor sentence if you are charged and convicted of the certain crimes. Instead of a prison sentence, the maximum sentence would be 364 days.
As the info-graphic shows, there are many variables to look at in order to determine if you are eligible for a reduction or resentencing under Prop. 47, if you have been convicted of certain felony offenses, as long as you do not have a violent or serious conviction on your criminal record.
The down side with Proposition 47 is that it does not restore a person’s right to own a firearm. Most people do not know that Proposition 47 may not be the best method when reducing felony charges. As shown, a criminal expungement may be a better choice if you qualify. Because Prop 47 does not affect firearm rights, the use of this relief should only be used for certain individuals that are otherwise ineligible for an expungement.
Although not depicted in the infographic, Proposition 47 does not set time limits for the court to take action on your petition to recall, resentence, or redesignate a conviction. Because of the time delay, it is important to contact an attorney to help you with the process.
If you have questions or would like to see if you qualify for an expungement or relief under Proposition 47, contact my office for a free consultation. Criminal attorneys that practice defendants and understand Proposition 47 and expungements should be consulted before determining what course of action you should take to reduce your felony charges. I hope this inforgraphic helps explain what choices are available after the new law went into effect.
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At the Law Offices of Tina M. Barberi, PC, we are dedicated in providing you a strong defense in your case. Our proactive approach ensures personalized and effective legal solutions.
