PRACTICE AREAS
PRACTICE AREAS
Proposition 47 was passed by the California voters on November 4, 2014. Under Proposition 47, specific offenses that had been felonies under California law were converted to misdemeanors.
Proposition 47 added a new crime, Penal Code section 459a Shoplifting. Under PC 459a, any person who enters a commercial establishment with the intent to commit larceny while that establishment is open during regular business hours, and when the value of the actual or contemplated loss does not exceed $950.00, is a misdemeanor, unless the accused has been previously convicted of a disqualifying offense.
Prior to Proposition 47, entering a business with the intent to commit theft, regardless of the value of the actual or contemplated loss, was felony second degree burglary. If the prosecution was not able to prove the accused entered the building with the intent to commit theft, the offense became either grand (felony) or petty (misdemeanor) theft, depending on the value of the loss.
Proposition 47 also identified eight other felony offenses that are now misdemeanors. Anyone previously convicted of any of these eight felony offenses can apply to have the felony conviction reduced to a misdemeanor.
The eight other qualifying felony offense include the following :
The court will grant a request to reduce these crimes to a misdemeanor unless the person has also been previously convicted of a disqualifying offense, or the court finds the accused person poses an “unreasonable risk of danger to public safety.” (Penal Code section 1170.18(b).)
Disqualifying prior convictions include the following:
Any offense which requires sex offender registration under Penal Code section 290(c);
Any “violent” felony under Penal Code section 667(e)(2)(C)(iv).
“Unreasonable risk of danger to public safety” as used in Proposition 47 is defined as an unreasonable risk that the person will begin committing the “violent” felonies listed in Penal Code section 667(e)(2)(C)(iv) upon his or her release from custody. (Penal Code section 1170.18(c).)
When deciding whether a person presents an unreasonable risk of danger to public safety, the court may consider the following:
The accused’s prior criminal history, including the extent of any injury to victims, the length of prior prison commitments, and the remoteness of the crimes;
The accused’s disciplinary record and record of rehabilitation while incarcerated; and
Any other evidence which the court, “within its discretion, determines to be relevant.” (Penal Code section 1170.18(b).)
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.
The post Am I Eligible for Proposition 47? appeared first on Ryan Birss, Attorney at Law.
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