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Reduce a Felony Conviction to a Misdemeanor

Posted by Thomas "Doug" Allen | Jul 29, 2014 | 0 Comments

California Law (§17 of the Penal Code) allows a Motion to be filed to request a Felony conviction be reduced to a misdemeanor. This can be done at any time, even years after the conviction. See, Meyer v. Superior Court, 247 Cal. App. 2D 133 (1966)This is a decision that is discretionary with the Judge, see, People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 977; and may be opposed by the Prosecutor's office. It requires a Motion and Court Hearing on the merits of the request. This can be done at the same time an Expungement is requested. As the Judge has great discretion in this decision, it is crucial to present the Court with facts favorable to the reduction. Experienced legal counsel increases the chances of success.The charge must be a "wobbler" (originally chargeable as a misdemeanor or felony) so not all felony cases can be reduced. Most 'white collar' type offenses are wobblers.We have had about 95% of our motions to reduce granted. The conviction is then a misdemeanor "for all purposes" making licensing and employment opportunities MUCH better- you no longer have a felony record, and can honestly answer "no" to any question regarding a felony conviction.This reduction can also mean potential restoration of firearms rights; see, People v. Gilbreth (2007) 156 Cal. App. 4th 53, 57-58.We have successfully reduced felony convictions all over California. This procedure can take about 8 weeks to 12 weeks, depending upon the Court and the complexity of the case. Please call for a free consultation to determine if you are eligible for the reduction of your case. If your case involved a State Prison sentence, even if the prison sentence was suspended, you are not eligible to reduce the conviction status to misdemeanor.Fees are reasonable: $750.00 to (may be paid in two installments), and include the Petition for Reduction to Misdemeanor, Expungement (if applicable), all Court appearances, filing fees and research.If Reduction under 17(b) of the Penal Code is done at the same time as an Expungement (set aside and dismissal under Penal Code §1203.4), there is NO additional charge for the reduction proceeding.Visit Our Website for more Information, or call 800 495 2819 for a free consultation.

About the Author

Thomas "Doug" Allen

Doug has practiced law in California for the past 25 years, and has represented clients charged with offenses ranging from possession of an open container of alcohol to first degree murder. He has extensive courtroom and trial experience and has personally litigated more than 3500 expungement cases all over the state of California.

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