San Diego Prop 47 Resentencing Attorney
PROTECT YOUR RIGHTS, FREEDOM, & FUTURE
Crime classifications dictate the severity of a conviction’s impact on your rights, freedom, and future. A felony conviction results in not only longer periods of incarceration but also restricted access to jobs, housing, voting, benefits, and other opportunities. At George H. Ramos, Jr. & Associates, our experienced San Diego Prop 47 Attorney is dedicated to helping clients protect their rights and freedom by reclassifying eligible felony convictions and obtaining sentence reductions.
For individuals currently serving sentences, resentencing can result in immediate benefits including early release and termination of probation or parole. Individuals who have completed sentences for eligible felony convictions can now change their records and restore their rights.
A felony conviction no longer has to control your future. Secure your rights and freedom today. Contact the San Diego criminal lawyers at George H. Ramos, Jr. & Associates and find out whether you or a loved one is eligible for resentencing or reclassification under Proposition 47.
Content
- What is Proposition 47?
- Which felonies are eligible for relief with Proposition 47?
- How do you achieve a re-sentence with Proposition 47?
- What are the effects of a Proposition 47 reduction?
- How to hire a Proposition 47 attorney
UNDERSTANDING PROPOSITION 47
On November 4, 2014, California voters passed Proposition 47, the “Safe Neighborhoods and Schools Act.” Springing into effect the next day, the Act fundamentally altered criminal penalties for particular non-serious, nonviolent offenses originally classified as felonies or wobblers (crimes that may be charged as either a misdemeanor or felony).
Proposition 47, now codified under Penal Code section 1170.18, mandates misdemeanor sentencing for qualifying theft and drug-possession crimes, and thereby reduces the maximum incarceration period to one year in county jail, or in some cases six months. Certain offenders, however, may still face felony penalties; prior convictions for specified serious or violent crimes and registration as a sex offender preclude sentence reduction.
Resentencing and reclassification are also available for individuals currently serving sentences and those who have already completed sentences for qualifying felonies; however, the retroactive application of Proposition 47 to existing felonies is limited to a period of three years. In order to obtain relief, individuals with existing felony convictions must petition the court in which they were sentenced by November 4, 2017, unless the petitioner can show good cause for filing on a later date.
FELONIES ELIGIBLE FOR RELIEF
Proposition 47 added and amended various sections of the California Penal Code. The specific sections mandating misdemeanor sentencing for numerous theft and drug-possession offenses are Penal Code sections 459.5, 473(b), 476a(b), 490.2, 496(a), and 666 and Health and Safety Code sections 11350, 11357(a), and 11377. Below are lists of theft and drug-possession crimes affected by these changes.
THEFT, FRAUD, AND FORGERY CRIMES
Subject to certain exceptions specified within the applicable sections of the Penal Code, the following theft, fraud, and forgery crimes where the monetary value involved do not exceed $950 are now classified as misdemeanors:
- Shoplifting;
- Forgery of a Check, Money order, etc.;
- Passing Bad Checks/Insufficient Funds;
- Grand Theft (Petty Theft);
- Receiving Stolen Property;
- Petty Theft with a Prior.
Consult with a white collar crimes attorney in San Diego if you are accused of a white-collar crime. Our team of skilled criminal defense lawyer will build you an aggressive defense to protect your rights.
DRUG-POSSESSION CRIMES
The following drug-possession crimes are also now classified as misdemeanors:
- Possession of a Controlled Substance;
- Possession of Concentrated Cannabis;
- Possession of Methamphetamine.
Contact San Diego drug crimes attorney, George H. Ramos, Jr. today to find out if your specific felony conviction is eligible for a Proposition 47 reduction.
DISQUALIFICATIONS
Individuals with prior convictions listed under Penal Code section 667(e)(2)(C)(iv) are precluded from relief under Proposition 47 and may not convert felony charges or convictions to misdemeanors. The list includes:
- “Sexually violent offenses” committed by force, violence, etc.;
- Oral copulation, sodomy, or penetration of the child under age 14 and more than 10 years younger;
- Lewd or lascivious acts involving a child under age 14;
- Homicide or attempted homicide;
- Solicitation to commit murder;
- Assault with a machine gun on officer or firefighter;
- Possession of weapons of mass destruction;
- Any offense punishable by life imprisonment or death.
Prior convictions requiring sex offender registration under Penal Code section 290(c) also disqualify individuals from obtaining sentence reductions.
PROCEDURES FOR OBTAINING PROP 47 REDUCTIONS
New procedures were created under Penal Code section 1170.18 to provide a means of relief for individuals sentenced prior to the enactment of Proposition 47. Individuals currently serving sentences for eligible felony convictions may now petition the court to be resentenced under the new law. If the full sentence has been completed, individuals may petition the court for reclassification to change their felony record. The processes for resentencing and reclassification are similar; however, there are some very important variations.
FILING A PETITION
In order to obtain relief under Proposition 47, all petitions must be filed in the original court in which the petitioner was sentenced. Upon a thorough evaluation of your case to determine eligibility and course of action, San Diego Prop 47 Attorney George H. Ramos, Jr. will immediately file the appropriate petition with the proper court on your behalf.
All petitions must be filed by November 4, 2017, or at a later date upon a showing of good cause.
RECLASSIFICATION
Once the petition is filed, the judge will evaluate the petition to determine whether the felony conviction would have been a misdemeanor under Proposition 47. The judge will also assess whether any disqualifying prior convictions preclude eligibility. Upon a positive finding of eligibility, the judge is required to grant petitions for reclassification.
RESENTENCING
While none is required, individuals seeking to resentence may find it in their best interests to request a qualification hearing. Upon confirmation of eligibility, those petitioning for resentencing must then undergo a risk-assessment, at which time the court has complete discretion over whether to grant relief. A petition may be denied if the judge determines resentencing will pose an unreasonable risk to public safety.
In determining whether the petitioner poses an unreasonable risk to public safety, the court may consider criminal history records, disciplinary records, and any other evidence the judge deems relevant. The main focus is the likelihood that the petitioner will commit a new violent felony within the meaning of Penal Code 667(e)(2)(C)(iv). (See above.)
Resentencing can be a complex legal process. At George H. Ramos, Jr. & Associates, our experienced San Diego Prop 47 Attorney will be by your side every step of the way, aggressively representing you to achieve a favorable outcome.
EFFECTS OF A PROP 47 REDUCTION
All felony convictions converted to misdemeanors under Proposition 47 will be treated as misdemeanors for all purposes, except for the right to own or possess firearms. This means that the petitioner will automatically be restored all civil rights which were previously denied due to the felony conviction. Legal processes, such as expungement, that are unavailable for felony convictions may also now be an option. Talk with an expungement attorney in San Diego to see if you are eligible to have your record expunged.
Individuals currently serving sentences for felony convictions will be resentenced under misdemeanor guidelines with credit for any time served under the original sentence. This may result in immediate benefits such as early release or termination of probation or parole.
SECURE YOUR FUTURE TODAY
Don’t let a felony conviction stand in the way of your future. Contact George H. Ramos, Jr. & Associates today to discuss your options under Proposition 47. Our office is bilingual and speaks both English and Spanish.