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]

  1. 3061

    People v. Mauch, 163 Cal. App. 4th 669, 676 (Ct. App. 2008).

  2. 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.

  3. 3063

    Cal. Penal Code § 17(b)(3).

  4. 3064

    See People v. Mauch, 163 Cal. App. 4th 669, 676 (Ct. App. 2008).