Proposition 47 allows some felonies to be reduced to misdemeanors.
(Scroll to the bottom of the page for an instructional video)
Proposition 47 generally applies to:
- Persons convicted of violating Health and Safety §11350 (Under the Influence)
- Persons convicted of violating Health and Safety §11357 (Possession Concentrated Cannabis)
- Persons convicted of violating Health and Safety §11377 (Drug Possession)
- Persons convicted of an offense that is now classified as shoplifting. Shoplifting is “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).
- Persons convicted of Penal Code §473 (Forgery) if the amount in question is less than $950.
- Persons convicted of Penal Code §476a (Check Fraud) if the amount in question is less than $950.
- Persons convicted of an offense that is now classified as Petty Theft. In most cases, this would be a prior Grand Theft conviction with a value less than $950.
- Persons convicted of violating Penal Code §496 (Receiving Stolen Property) if the amount in question is less than $950.
- Persons convicted of violating Penal Code §666 (Petty Theft with a Prior Theft Conviction)
Considerations for re-sentencing/reduction:
- The district attorney must be served a copy of the petition, and proof of service must be filed with the court. The court may also look to the probation department for guidance on the petition, so it is best to also serve them.
- Check with your local public defender and law library. Often the public defender will help for free or there may be another free service in your county, such as the free seminars in Kern County – KernSeminars.com
- Check with the court clerk before starting forms. Often there are local rules that must be complied with.
- Does the person have a prior conviction that is a strike or sex offense? If so, discretionary relief. (Hint: is the conviction inherently violent or otherwise horrible? If so, be prepared to show rehabilitation.)
- Did the prior result in a prison term? If so, relief on the prior could reduce the current sentence.
- Did the prior increase the current offense? (such as petty theft with a prior)
Forms – Many counties have specific Proposition 47 forms. Forms for some counties are provided here.
- Butte County
- Kern County
- Kings County
- Los Angeles County
- Madera County
- Nevada County
- Orange County
- Sacramento County
- San Diego