Do You Qualify for Resentencing Under Proposition 47?
Also known as the Reduced Penalties for Some Crimes Initiative, Proposition 47 was passed by California voters in 2014 and became effective immediately. The purpose of this proposition was to reduce the number of people in prison for non-violent crimes by reducing or eliminating their sentences. However, it did not take effect automatically – those eligible must apply for it. This is something that a criminal defense attorney is best suited to help you with.
The Specifics of Proposition 47
Proposition 47 mandated that certain specific felony crimes must be charged and sentenced as misdemeanor crimes. While it does affect all future criminal matters, it is also retroactive. As a result, if someone was convicted of the following felony crimes, they can petition the court to reduce their charge to a misdemeanor:
- 2nd Degree Burglary (Commercial Burglary) involving less goods worth less than $950
- Grand Theft involving goods worth less than $950.
- Receiving Stolen Property worth less than $950.
- Petty Theft with a Prior.
- Forgery -for less than $950.
- Check Fraud involving less than $950.
- Possession of Controlled Substance.
- Possession of Concentrated Cannabis.
- Possession of Controlled Substance.
These are the only crimes included in Prop 47. If you have been convicted of one of them and are still serving time, are on probation, or are on parole, then it is worth contacting Simmons Wagner, LLP to find out how we can help.
Proposition Can Help Currently Incarcerated People
Anyone who is currently serving a prison sentence after being convicted of one of the crimes mentioned above can petition the court to have their felony resentenced to a misdemeanor. In most cases, this will put them on simple misdemeanor probation and can result in their immediate release from prison.
There is a Time Limit to Apply for Resentencing Under Proposition 47
The law did not allow an unlimited amount of time for people to apply for resentencing under Prop 47. However, the California legislature did extend the initial deadline until 2022. That said, no one should wait if they believe that they or their loved one could benefit from this reform. The sooner they can have their sentence adjusted, the sooner they can move on from the overly harsh penalties they have been living with for years.
Prop 47 Can Help People Who Have Already Served Their Time
A person who has already been released from jail and/or has served out their parole or probation might wonder if this could help them. The answer is that yes, it can. You can file for resentencing, which would remove this felony conviction from your record and replace it with a misdemeanor. This can make it easier to get certain jobs, public licensing, and can reduce future legal penalties. Note that removing this felony will not restore your gun rights if you have lost them as a result of this charge.
Exceptions to Proposition 47
Not all people are eligible to be resentenced under Proposition 47 even if their crime is listed. There are three exclusions:
- Persons required to register as sex offenders
- Persons convicted of Super Strike offenses including murder, homicide, solicitation to murder, assault with a machine gun on a police officer, possession of a weapon of mass destruction
- Persons convicted of a violent felony that is punishable by life in prison or death
There Might Be Other Options Beyond Proposition 47
If you were convicted of a felony that is not listed under the crimes covered by Prop 47, there could be other forms of relief available to you. Some felonies can be reduced under other reforms, and if you were not sentenced to prison then your charge me be eligible for expungement. The best way to find out what your options are is to contact Simmons Wagner, LLP at (949) 439-5857 for help.