Post-conviction Relief: Reduction of Felony to Misdemeanor (PC 17)

Many people worry that a California felony conviction will follow them throughout their lives, but that’s not necessarily the case. It’s sometimes possible to reduce a felony to a misdemeanor through a process known as post-conviction relief. The skilled defense lawyers of The Kavinoky Law Firm can evaluate each case to determine whether it may be possible to have a felony conviction reduced to a misdemeanor.

Post-conviction relief is comprised of a series of statutes in the California Penal Code that allow people to distance themselves from their mistakes. Penal Code 17(b) allows the reduction of felony “wobblers” to misdemeanors so that they can then be dismissed and expunged.

The California Penal Code distinguishes all crimes as either misdemeanors or felonies, and in some cases, both. “Wobblers” are offenses that can be charged either way. Misdemeanors are considered less serious, so offenses generally include limited time in county jail, fines and probation. Felonies on the other hand, include terms in prison. Felony wobblers are often punished less severely than standard felonies – the defendant may receive time in county jail and probation versus prison and parole. The basic difference is in the punishment that can be imposed.

If a defendant convicted of a wobbler offense is charged with a felony but given misdemeanor punishment, a motion can later be made under California Penal Code 17(b) to reduce the felony to a misdemeanor. A misdemeanor not only reads better than a felony, but it is also eligible for expungement under Penal Code 1203.4. But when the offense is punishable only by state prison, it is not reducible, and will likely require a Certificate of Rehabilitation and/or pardon.

Because probation is included in misdemeanor convictions only, it is not surprising that probation is also a requirement for any felony reduction. A judge may not discharge non-wobbler felonies (sometimes referred to as “straight” felonies), even in cases where a defendant ends up serving no additional time in prison.

Once a felony has been reduced to a misdemeanor, however, the Penal Code states that it is treated as a misdemeanor for “all purposes.” This means that the felony offense is treated as though it were originally charged as a misdemeanor. For example, many private job applications require disclosure of any and all felonies. A prior felony that was reduced under Penal Code 17(b) would count as misdemeanor and would not need to be disclosed. However, there are exceptions, and a skilled criminal defense attorney should be consulted.

A person convicted of a wobbler that was designated as a felony should generally seek reduction to a misdemeanor under §17(b) before—or while— seeking an expungement.

The experienced and knowledgeable California defense lawyers of The Kavinoky Law Firm can help determine whether a felony can be reduced to a misdemeanor, and help an individual with a criminal record make a fresh start with post-conviction relief.