HOW YOU CAN REDUCE YOUR FELONY CONVICTION TO A MISDEMEANOR

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Back in 2013, singer Chris Brown was charged with assault after allegedly attacking a man outside the W hotel. The singer later had the felony assault charge lowered to a misdemeanor, and many people were shocked by the relief the judge granted the singer. However, what many people don’t know is that you can actually have a felony conviction lowered to a misdemeanor if your case meets two simple requirements.

California Penal Code 17(b) requires that (1) the underlying offense must be a wobbler, and (2) probation must have been granted.

The first requirement is that the offense has to be a wobbler. Under California law, a “wobbler” is an offense that can be charged and punished as either a felony or a misdemeanor. These include such crimes as burglary, assault, vandalism, and fraud.

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The second requirement is that probation must have been granted. If after convicted or if after you violated your probation, you were sentenced to state prison, you are not eligible for a reduction. However, if you spent time in county jail you are still eligible.

If both of these two requirements are met then you are eligible, and our seasoned criminal attorneys can bring a 17b motion on your behalf to have the felony charge lowered to a misdemeanor. Such motion may be made if you’re either currently serving the felony probation or if you have already completed your probation.

After the motion is made the judge has discretion on whether to reduce the conviction to a misdemeanor. There are a few factors that the judge usually considers when deciding whether to grant the reduction:

  1. the nature of the offense
  2. the facts of the case
  3. your compliance with your probation terms and conditions
  4. your criminal history, and
  5. your personal history.
  6. Also, whether ‘no reduction’ was negotiated in the plea bargain (if so, the judge likely won’t grant)

If you do meet the requirements our attorneys will petition to have you granted a reduction. Having your conviction reduced to a misdemeanor could mean being able to maintain a professional license, not listing the felony conviction on a future job application, and restoration of your gun rights.

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