Penal Code § 17(b) Offers Second Chance to Individuals Walking the Line
Not all criminal cases are equal. They vary in severity, scope, and damage. There are even private citizens whose crimes were so close to being considered a misdemeanor but were handed a felony conviction for one reason or another.
That is the type of person we will be considering in this article. At The Law Offices of Bryan R. Kazarian, we are passionate about protecting the Constitutional Rights of all Americans and are excited to share this information.
The Effects of a Felony Linger Much Longer than Needed
A felony conviction changes the lives of everyone involved, but no more so than the one who is going through the court system. A felony conviction could have been a misdemeanor is frustrating to think about. Plus, the individual will carry that stigma for the rest of his or her life.
Working with a criminal law attorney in California can make the process of attempting to get a felony reduced to a misdemeanor under Penal Code § 17(b) much easier.
Felonies that Qualify for Reduction to Misdemeanor
Under this law, a person might be able to request that his or her felony conviction be dropped to a misdemeanor if the offense committed was viewed as a “wobbler.”
A “wobbler” is criminal activity that may be charged as either a felony or misdemeanor depending upon the circumstances of the matter. Therefore, a clear-cut felony will not be eligible for a reduction to a misdemeanor in California.
Elements that the Court Will Consider in Making a Decision
The court has the discretion whether a felony conviction can be reduced under Penal Code § 17(b). The court will consider all important factors in reducing a conviction from a felony to a misdemeanor, including, but not limited to:
- The nature and seriousness of the offense;
- Behavior while on probation or under court supervision; and,
- Prior criminal record.
There are situations in which the convicted person can ask for a reduction. He or she may have the ability to petition the court to reduce the charges after successfully completing probation. A criminal law firm, like The Law Offices of Bryan R. Kazarian, can help you file and organize all documents required.
Chances of Getting a Felony Reduction
We preface this section by saying that exceptions to almost every rule exist when it comes to legal certainty. Cases, that qualify for a reduction, are usually approved by a judge, particularly when a strong case is established.
After the felony has been reduced to a misdemeanor under Penal Code § 17(b), the lesser charges will be recognized by the state for all intents and purposes, which likely means that one’s California weapons rights will be restored, in addition to all other civil liberties.
Next Steps: Getting Your Felony Charges Dropped to a Misdemeanor in California
For most well-meaning individuals, trying to work through the process alone may feel frustrated and confused in attempting to have their rights restored. At The Law Offices of Bryan R. Kazarian, we are here to help you or your loved one move on the next chapter in life. See if your case qualifies for a reduction from a felony to a misdemeanor by requesting a free, no-obligation consultation. We try to respond to all requests within 24 business hours.