From Felony to Misdemeanor

A felony is considered a wobbler if the person convicted received probation and/or doesn’t go to the prison by the court, under California Law. This person is able to file an appeal to the court under the California Penal Code to change their felony to a misdemeanor until they meet the conditions under PC 17(b).

What is California Penal Code 17(b)?

In California, crimes are classified under three basic categories – a) infractions, b) misdemeanors and c) felonies. While felonies are the most serious and have the strongest repercussions, not all persons convicted of a felony are done rightfully so. Hence, California Penal Code 17(b) allows a convicted person to change his felony to a misdemeanor. In addition to changing the status of charges, this allows a person to restore their rights to possess firearms and voting rights, which may otherwise have major impacts upon them as a US citizen.

Why Change a Felony to a Misdemeanor? – Benefits and Advantages

Defendants convicted under California felony offense may have to pay various financial and physical charges amounting to huge fines and sentence in jail depending on the crime. Furthermore, getting a tag of a felony conviction may seriously impact a person’s probability of finding a suitable job or housing. In addition, you may also be unable to register for certain State licenses including those discussed above, such as weapons of firearms, even for self defense. Hence, upon reduction, the status of your charges would be restored from a felony conviction to a misdemeanor, changing your state records and allowing you a better chance to resume life normally. Not to mention, avoiding a felony record also aids in finding better future job prospects and societal status.

How do I turn a Felony into a Misdemeanor Under California Penal Code?

The prior condition of filing for a reduction is that the person convicted must have been pressed on charges of ‘wobbler’ crimes. These types of crimes are offences that might be registered as either a felony or a misdemeanor depending on the gravity of the situation. Some examples of wobbler crimes include, pick pocketing, burglary, minor sex offence, etc.

A defendant is able to appeal to the court for a reduction under Penal Code 17(b) after being convicted of a felony. However, the judge would only be able to reduce your charges after your ‘preliminary hearing’. In addition, as a defendant, you must meet the following conditions to be able to get a reduction under PC 17(b) of California Penal Code:

1. You (if a defendant yourself) or the defendant you’re advocating for must not have been sentenced to state prison, even if the sentence is suspended later on,
2. Keeping point (i) in mind, a reduction is only possible if the person convicted was only sentenced to a county jail,
3. A convicted person cannot appeal for reduction for ‘non-wobbler’ crimes

*Exceptions to Filing for Reductions Prior to the Preliminary Hearing

In some cases, a wobbler convicted of a felony may be able to appeal even before the ‘preliminary hearing’ or prior to filing an order pursuant to section 872, under section 5 of PC 17(b) of California Penal Code. In such situations, it is pertinent that the magistrate processing the claim considers the wobbler crime as a misdemeanor instead of a felony. If done in proper time, the preliminary hearing would then be considered as a case in which the defendant had been arraigned on a misdemeanor complaint. Hence, accordingly, the defendant would not have to wait for an appeal after the preliminary hearing of an arraigned felony crime and the case would be heard on a misdemeanor complaint.

Furthermore, under section 2 of the PC 17(b), if the court upon convicting a juvenile convicted of a felony crime refers it to the Division of Juvenile Justice, then the offense is considered a misdemeanor for all circumstances.

Likewise, granting probation to a defendant with a ‘no’ record of state prison sentence also makes the offense a misdemeanor.

As discussed above, prison time denotes a felony, while jail time denotes a misdemeanor or infractions. Hence, if the convicted person is charged of prison time, they’re automatically unfit for a reduction. Not to mention, even while the California PC 17(b) allows everyone the right to appeal for a reduction, the prosecutor can decide to charge a felony or a misdemeanor. While the judge will always have the final say. Hence, once your appeal is heard for a reduction, the judge’s decision regarding your reduction under PC 17(b) is final. Additionally, the court might give individual consideration to ‘the offense, the offender and the public interest’ keeping in view your previous records.

What Happens After the Reduction of a Felony to a Misdemeanor?

With all said, it must be reiterated that under the PC 17(b) once a crime has been reduced to a misdemeanor, it would be considered as such for all purposes unless decided otherwise by Federal Government.

It is important that you advocate your case properly and file for appeals at the right time in order to avoid unnecessary delays and wrongful punishments. Hence, if you or your loved one is a defendant arraigned on a felony, you can consult our advocacy services for reduction under PC 17(b) 17(b) in California for legal help.

Your criminal defense attorney will ask you to describe the events leading up to the offense, in detail, to see if any of these options mentioned above are viable defenses.

If you or a loved one is being charged with Statutory Rape in California and would like to have someone represent you in a court of law, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our office, or by phone.

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