Which felony convictions can be reduced to misdemeanors?
If you were convicted of a felony, your conviction can be reduced to a misdemeanor if ALL of the following apply:
You were NOT sentenced to state prison[3061] OR county jail instead of state prison under California’s Realignment Act[3062] (in other words, your felony was a “wobbler” offense); AND
You were sentenced to PROBATION.[3063]
NOTE THAT CERTAIN OFFENSES, referred to as “straight felonies,” can NEVER be reduced to misdemeanors. These “straight felonies” can only ever be charged and sentenced as felonies.[3064]
- 3061
People v. Mauch, 163 Cal. App. 4th 669, 676 (Ct. App. 2008). ↑
- 3062
Cal. Penal Code § 1170(h); see Criminal Justice Realignment Frequently Asked Questions, Cal. Judicial Branch, (rev. Apr. 2014), http://www.courts.ca.gov/partners/documents/cjr_faq.pdf. See Criminal justice Realignment Will Affect Felony Sentencing, County Jail Credit, Postrelease Supervision and Parole, California Continuing Education of the Bar, http://ceb.com/lawalerts/Criminal-Justice-Realignment.asp. ↑
- 3063
Cal. Penal Code § 17(b)(3). ↑
- 3064
See People v. Mauch, 163 Cal. App. 4th 669, 676 (Ct. App. 2008). ↑