Proposition 47: How To Obtain Relief
Those serving felony sentences for crimes affected by Prop 47 are eligible to have their sentences reduced. Those with convictions for certain felonies that previously were not able to be reduced to a misdemeanor are now able to reduce the felony to a misdemeanor. Oakland criminal defense attorney David Reagan is familiar with Prop 47 and can assist those that may be eligible for relief under the new law. Contact him today for a free consultation.
How to Obtain Relief Under Prop 47.
Proposition 47 was effective immediately, so those with pending criminal charges and those charged in the future will be subject to the changes in the law.
For those currently serving a sentence on an offense that would have been a misdemeanor under Prop 47 may petition for recall of their sentence and resentencing. (Health & Safety Code, § 1170.18, subd. (a).) The court receiving such a petition shall recall the sentence and resentence the petitioner to a misdemeanor, unless the court determines that resentencing the petitioner would “pose an unreasonable risk of danger to public safety,” meaning there is an unreasonable risk that the petitioner will commit a violent felony as defined by Penal Code section 667, subdivision (e)(2)(C)(iv), in the future. In making that determination, the court may consider the following: 1) the petitioner’s criminal history, 2) the petitioner’s disciplinary record and record of rehabilitation while incarcerated, 3) any other relevant factors. (Health & Safety Code, § 1170.18, subds. (b), (c).)
Those who have been convicted of a felony, whether by plea or trial, that would have been a misdemeanor under Prop 47 and who have completed their sentence may also petition the court for relief. (Health & Safety Code, § 1170.18, subd. (f).) In such cases, the court “shall” designate the felony offense a misdemeanor. (Health & Safety Code, § 1170.18, subd. (g).) No hearing is necessary. (Health & Safety Code, § 1170.18, subd. (h.)
Petitions for relief under Prop 47, must be filed within three years of the passage of the proposition. It is possible to file such a petition after the three-year deadline, but good cause for the delay must be shown.
What is the Effect of Having a Previous Felony Offense Reduced to a Misdemeanor Under Prop 47?
A felony designated a misdemeanor under Prop 47 is considered a misdemeanor thereafter for all purposes except that such resentencing does not restore gun possession rights.
For more information about the implications of Prop 47 and obtaining relief, contact the Law Office of David Reagan.
Oakland criminal defense attorney David Reagan uses his passion for social justice to overturn wrongful convictions, fight serious charges at trial, and clean all types of criminal records in the Bay Area.
"Mr. Reagan handled my court isuses in such a professional manner and had his briefs prepared so well that the Judge in Superior Court of Alameda County gave him kudos in "open court " That was the first time I have ever seen or heard of that happening. It made me very proud to be his client." -J.
Law Office of David Reagan
725 Washington Street, Suite 200
Oakland, CA 94607
Phone (510) 506-9061
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Additional office located at:
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San Jose, CA 95112
by David Reagan