How to Reduce Felony Charges to Misdemeanors in California

If you’re currently facing felony charges, you understandably may feel overwhelmed and uncertain about your future. However, in California, certain felony charges can be reduced to misdemeanors under specific conditions. Understanding your options for charge reduction is not just a legal formality—it’s a crucial component of your defense strategy that could significantly alter the outcome of your case.

Reducing a felony to a misdemeanor can offer several potential benefits. These benefits extend beyond the immediate relief of facing less severe penalties. They include longer-term advantages such as fewer social stigmas, better employment prospects, and less impact on your civil rights. Each of these factors plays a vital role in your ability to reintegrate into society and move forward with your life. Therefore, it’s essential to approach your charges armed with knowledge and an effective legal strategy to navigate the complexities of the criminal justice system in California.

Understanding Charge Reduction

Reducing a felony to a misdemeanor involves legally altering the classification of your criminal charge from more severe to less severe. This change can lead to lighter sentencing, fewer social repercussions, and better employment prospects. California Penal Code Section 17(b) provides the primary legal mechanism for such reductions. This statute allows the court, under specific conditions, to reclassify a felony as a misdemeanor. These conditions typically include the nature of the crime, the defendant’s criminal history, the completion of probation, and the circumstances surrounding the case.

Are You Eligible for a Reduction?

To determine if your felony can be reduced to a misdemeanor, several factors come into play. First, the nature of the offense is crucial; not all felonies are eligible for reduction. Generally, felonies that are considered “wobblers” in California—crimes that can be prosecuted either as misdemeanors or felonies, depending on the details of the case—are eligible for such reductions.

Your eligibility for charge reduction also heavily depends on your criminal history and behavior during any probation period. If you have completed probation successfully or have demonstrated good behavior and compliance with all court requirements, your chances of securing a reduction improve. Moreover, the absence of a significant prior criminal record can enhance your prospects for a reduction.

The Court’s Decision Process for Felony Reduction Motions

After determining your eligibility for a reduction, understanding the court’s decision-making process is crucial. This process is not just a formality; it requires a well-prepared petition and a strategic presentation during the hearing.

Petition Review: Once filed, your petition for reduction under Penal Code 17(b) undergoes a thorough review by the court. The judge evaluates the legal basis of the petition, which includes an examination of whether the felony charge qualifies as a wobbler, your criminal history, completion of probation, and any mitigating factors that might support a reduction.

Hearing: During the hearing, the judge will hear arguments from both your defense attorney and the prosecution. This is the critical phase where the substance of your petition is debated. The judge assesses the merits of the case based on the arguments presented, the evidence submitted, and statutory guidelines.

Judicial Decision: The decision to grant a reduction depends heavily on how convincingly your case is presented. Judges consider the nature of the offense, the defendant’s overall behavior, and how justice would be best served. The judge’s decision is also influenced by how well the petition demonstrates that the public’s interest aligns with a reduced sentencing.

Notification of Decision: Following the hearing, the court will issue a decision. If the motion to reduce the felony to a misdemeanor is granted, the court order will reflect this change, officially altering the classification of the offense on your record.

Specific Felonies That Can Be Reduced

In California, certain felonies are classified as “wobblers,” which means they can be prosecuted either as misdemeanors or felonies, based on specific case details and prosecutorial discretion. This classification often includes non-violent crimes where the circumstances might not warrant the harsher penalties associated with felony charges. Here are some specific examples of felony charges that might be eligible for reduction to misdemeanors under the right conditions:

1. Grand Theft: Under California law, theft of property valued at more than $950 can be charged as grand theft. However, if the value is borderline, the absence of prior convictions, or mitigating circumstances are present, this charge can sometimes be reduced.
2. Drug Possession: Possession of controlled substances, depending on the type and amount, often qualifies as a wobbler. Simple possession intended for personal use is more likely to be reduced compared to possession with intent to sell.
3. Burglary: Second-degree burglary, or burglary of an unoccupied structure, can be charged as a misdemeanor or felony. The reduction often depends on the absence of prior criminal activity and the specifics of the incident.
4. Aggravated Assault: Depending on factors like the degree of injury to the victim and the use of a weapon, charges of aggravated assault can be reduced if the circumstances suggest lesser culpability.
5. DUI with Injury: While DUI charges involving injury are serious, under certain conditions and especially when the injuries are not severe, such charges might be reduced.

The Process of Reducing a Felony

1. Evaluation of the Case: Our initial step is a comprehensive review of your case details to determine if your felony charge qualifies as a “wobbler,” which can be eligible for reduction to a misdemeanor.
2. Filing a Petition: If your charge qualifies, our attorney will prepare and file a petition for reduction. This document is submitted to the court that issued the original sentence and must clearly articulate why your charge should be reduced, based on both legal criteria and any mitigating circumstances present in your case.
3. Gathering Evidence: Our team diligently gathers all relevant evidence to support your petition. This may include documentation of rehabilitation efforts, character references, and other pertinent information that demonstrates your eligibility and readiness for a reduced charge.
4. Hearing: Once the petition is filed, a hearing will typically be scheduled. At this hearing, our attorney presents a compelling argument for why the felony charge should be reclassified as a misdemeanor. We present all evidence, and, if necessary, testimony that bolsters your case.
5. Judge’s Decision: The judge will consider the petition, the evidence presented, and our arguments. The decision to grant a reduction depends on the strength of our presentation and the judge’s assessment of the evidence and circumstances.
6. Finalization: If the judge grants the reduction, the felony is officially reclassified as a misdemeanor. This adjustment is recorded formally, significantly altering the legal repercussions of the original offense on your record.

Benefits of Reduction

Reducing a felony to a misdemeanor can significantly alter the trajectory of your life, providing tangible benefits and opening up new opportunities. Here’s a closer look at how this legal change can positively impact you:

1. Lighter Penalties: Misdemeanors carry less severe penalties compared to felonies. This means shorter jail sentences, if any, and lower fines. The reduction can also lead to less stringent probation terms, helping you maintain a more stable and manageable lifestyle during this period.
2. Broader Employment Opportunities: Many employers are hesitant to hire individuals with felony convictions. By reducing your felony to a misdemeanor, you can widen your job prospects. A misdemeanor might not disqualify you from certain positions, especially in industries that are strict about felony records.
3. Less Impact on Civil Rights: A felony conviction can strip you of certain civil rights, such as voting, serving on a jury, and possessing firearms. When a felony is reduced to a misdemeanor, you may regain these rights, allowing for fuller participation in civic life.
4. Enhanced Social Perceptions: The stigma associated with a felony record is considerably more severe than that of a misdemeanor. With a misdemeanor, you may face fewer social barriers, improving your ability to integrate into your community and build a supportive social network.
5. Housing and Educational Opportunities: Individuals with felony convictions often face significant challenges when applying for housing or educational programs. A misdemeanor on your record, as opposed to a felony, can ease these processes, providing you with a better chance to secure stable housing and pursue further education.

How Our Criminal Defense Attorney Can Help

With over 20 years of experience in criminal defense, Attorney Arash Hashemi has a proven track record of successfully navigating the complexities of reducing felony charges to misdemeanors. Our approach is precise, tailored to each client’s specific legal situation, ensuring that every possible legal avenue for charge reduction is thoroughly explored and utilized.

For expert guidance on reducing felony charges, contact The Law Offices of Arash Hashemi at (310) 448-1529. We are based in the Westside Towers of Los Angeles, strategically positioned to serve clients in Santa Monica, Beverly Hills, and Westwood. Our commitment is to provide professional and dedicated legal representation aimed at achieving the most favorable outcomes.