PROPOSITION 47 – RESENTENCING

Get all the help you can from a Prop-47-resentencing lawyer

On November 5, 2014, California passed new legislation (Prop 47) allowing for certain felonies to be retroactively classified as misdemeanors. This new law aims to avoid overcrowding California’s prisons with harmless criminals. Our top Prop-47-resentencing lawyer from San Diego can ensure that you get in a better position than before.

Penal Code 1170.18 now provides that any person who is serving, or has completed a sentence, for a conviction of a felony violation under section 11350, 11357 or 11377 of the Health and Safety Code or sections 459.5, 473, 476a, 490.2, 496 or 666 of the California Penal Code may have his or her conviction resentenced as a misdemeanor.

This means that most convictions for drug possession, theft offenses involving less than $950, and check forgery and fraud involving amounts under $950, may be reduced from felonies to misdemeanors. Unlike felonies, misdemeanors carry a maximum sentence of one year in jail and a $1,000 fine. Although possible under sentencing guidelines, jail time is very rarely imposed for misdemeanor convictions.

If you were charged with one of these felonies, you may now be eligible for resentencing, under Proposition 47. For those currently serving jail time for such a crime, resentencing could mean possible early release, shortened probationary term, and reduced fines.

In addition to the reduced penalties, resentencing a conviction from a felony to a misdemeanor carries numerous other benefits. Having a felony on one’s record can interfere with employment prospects, jury service, voting in elections, as well as general social status. Resentencing under Proposition 47 allows you to lift these restrictions and erase the social stigma that a felony conviction carries. (It should be noted, however, that resentencing does not lift any restrictions on firearm ownership.)

If you believe you may be eligible for resentencing, contact an experienced criminal defense attorney immediately. Retroactive resentencing under Proposition 47 is only available for three years from the law’s passage on November 5, 2014.

Schedule a free consultation with our office today to find out if Proposition 47 applies to you and to discuss all the benefits of resentencing.