Posted by Jeremy Swanson
On November 11, 2014

How Does Prop 47 Affect Me?

The recent passage of Proposition 47 has made sweeping changes to the landscape of criminal law. Often when new criminal laws are passed it only affects things which happen in the future. This Proposition not only affects the future, it provides the opportunity for many people change their criminal history.

For every crime that has been reduced from a felony to a misdemeanor there is the opportunity to apply to the Superior Court for a post conviction review of the matter in order to have it reduced to a misdemeanor. For some people that have certain types of strikes in their background this may not be possible, however, for many people it is.

Upon application the Court must review and grant the application unless doing so would pose a risk to public safety.

What types of convictions may be eligible for such a reduction to a misdemeanor? Under the area of property crimes, where the amount of loss was $950 or less, Shoplifting, writing bad checks, grand theft, or receiving stolen property. In the area of drug crimes, Possession of cocaine, possession of concentrated cannabis, and possession of methamphetamine.

The list of potential statutory sections which can qualify for resentencing: Health and Safety Code sections 11350, 11357, or 11377. Penal Code Sections 459.5, 473, 476a, 490.2, 496, or 666.

If there are any of these convictions in your background, it would be wise to consult with an attorney about the possibility of having your sentence recalled and the matter reduced to a misdemeanor.