PRACTICE AREAS

PRACTICE AREAS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • August 25, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • July 26, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • November 21, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.
Proposition 47 Update (AB 1176 Gun Theft)
June 1, 2016

 

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UPDATE:   On November 8, 2016, California voters passed Proposition 63.  In addition to many other provisions, Proposition 63 mandates that any theft of a firearm is now a felony regardless of the value of the firearm.  This felony carries a potential prison sentence of up to three years.  In addition, any person previously convicted of misdemeanor theft of a firearm is now prohibited from owning a firearm for ten years after the conviction.

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In 2014, Proposition 47 was approved by the voters of California.  Proposition 47 changed the law regarding specific theft and drug related crimes, reducing some non-violent crimes to misdemeanors.

Under the original Proposition 47, any person who was convicted of one of the specified crimes can petition for a reduction of the offense from a felony to a misdemeanor.  One class of crime being reduced to a misdemeanor includes theft of a firearm valued at $950.00 or less, and possession of stolen property of a firearm valued at $950.00 or less.

On June 1, 2016, Assembly Bill (AB) 1176 was passed by the California Assembly.  AB 1176 changes the law to make the theft of a firearm of any value (including firearms valued at $950.00 and LESS) to a felony in all cases, with a punishment in state prison for 16 months, or 2 or 3 years.  This law also makes possession of a stolen firearm a wobbler, which means it can be a misdemeanor or a felony regardless of the value of the firearm.

On June 30, 2016, AB 1176 was passed by the legislature and presented to the Governor for his signature.  Governor Brown vetoed the bill.

Unless there is another bill or a proposition that makes this change in the future, the law will continue to differentiate theft of a firearm with a value of $950 or less as a misdemeanor, and theft of a firearm with a value over $950.00 as a felony.

If you believe you have a qualifying felony conviction that can be reduced to a misdemeanor, contact your attorney, the local public defender’s office, or your local legal services office for assistance.