Proposition 47 The Safe Neighborhoods and Schools Act- IE-Criminal-Defense
I
Prop 47: What is it?

Proposition 47 was a ballot initiative that was passed in November 2014 by you, the voters. Proposition 47 changed many current criminal charges that were once felony charges, into now misdemeanor offenses through reclassifications. It also allowed people who were previously convicted for various felony offenses, could later petition the Court under Prop 47 to now reduce their previous felony convictions to misdemeanors. The full ballot information is located here.

II
What kind of charges disqualify me from Prop 47 relief?

You are not eligible for relief under Prop 47 if:

  1. You are required to register as a Sex Offender under PC 290;
  2. If you have any prior convictions for PC 187;
  3. If you have any prior conviction for a sexually violent offense, such as:

The full list of these charges is listed in Welfare and Institution Code section 6600(b).

  1. You have a previous conviction for a serious or violent felony that is punishable by death or life in prison;
  2. If you have a prior conviction for possession of a weapon of mass destruction; or
  3. If you have a prior conviction for assault on a peace officer or a firefighter with a machine gun.
III
What charges qualify for Prop 47 relief?

The below charges are eligible for Prop 47 relief:

  1. Commercial Burglary under PC 459 so long as it is under PC 459.5;
  2. Forgery under PC 470;
  3. Writing or Passing Bad Checks under PC 476;
  4. Grand Theft under PC 487, so long as the value is under $950;
  5. Receiving Stolen Property under PC 496, so long as the value is under $950; and
  6. Drug Possession charges under HS 11350, 11357(a) and 11377(a).

Petty Theft with a prior under PC 666, is now no longer a criminal offense in California. As stated above, not only will people who are not disqualified be able to have their charges reduced now down to misdemeanor charges, but going forward, the above charges are considered misdemeanors in all future cases. In addition, PC 459.5, Shoplifting, was a new offense created that encompasses a person who enters a commercial building during business hours, and taking $950 worth of items or less.

IV
How does one get relief under Proposition 47?

Your attorney would file a motion under Prop 47 for relief, using case law and the above section, found under PC 1170.18, in order to petition to reduce your previous convicted charges from felony charges, to misdemeanor charges. Find an attorney with experience filing these motions, as they are tough to win with people who lack the experience of what arguments to make using the proper law and procedure to win your motion.

V
Will Proposition 47 relief return my Gun Rights?

If you are a convicted felon, you cannot possess a firearm in the State of California. But what if your felony charge is now a misdemeanor offense under Prop 47? In that specific scenario, you are only eligible for relief to obtain a firearm if the previous felony charge was a wobbler offense, and not a straight felony. In other words, if the previous charges you were convicted of as a felony was a wobbler offense where you could have been charged under that section as a misdemeanor or as a felony charge, you can then get relief. If the previous charge was only a felony, and Prop 47 reclassified that charge as a misdemeanor, then you are unable to restore your Gun Rights and Proposition 47 will not give you the proper relief you are requesting. For example, HS 11350 was previously only a felony offense, therefore, Prop 47 would not restore your gun rights, as the charge did not wobble down to a misdemeanor prior to the reclassification.

This information is found under PC 1170.18(k) that states the following: A felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that resentencing shall not permit that person to own, possess, or have in his or her custody or control a firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.

The Penal Code section can be found here: If you are wanting to obtain your firearms rights back, but you cannot based on section (k) above, then your only means of recourse is through filing a Certificate of Rehabilitation or Governor’s Pardon to restore your Gun Rights.

VI
Call Today

If you or a loved one is seeking relief under Proposition 47, it is imperative to hire an attorney that not only knows the law, but has handled motions like this in the past. Many Judges and Prosecutors are not always up to speed on the recent law changes, and if your attorney is not either, then you stand to waste more time and more of your money to fix what your attorney should have gotten right the first time. I have handled many cases under Prop 47, and will handle drafting, filing and litigating your motion in Court on your behalf. Call your local Ontario Criminal Defense Attorney today at the Inland Empire Defense 909-939-7126. Located in Ontario.