Motion to Reduce Felony to Misdemeanor
For people convicted of a "wobbler" felony - a conviction that could be charged as either a misdemeanor or a felony - after conviction the person can file a motion to ask the court to reduce the felony to a misdemeanor under Penal Code section 17, subdivision (b). Reducing a felony to a misdemeanor is very important because felons face serious barriers to employment, gun ownership, and social resources. The Law Office of David Reagan has experience with tough motion to reduce cases and presents the court with thorough briefs to explain why the felony should be reduced.
What is a motion to reduce a felony?
When a crime is punishable by either a felony or a misdemeanor, the court can reduce a felony to a misdemeanor under Penal Code section 17, subdivision (b): "when the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor." In short, a defendant is eligible for a reduction whenever probation is granted instead of a prison sentence or a suspended prison sentence.
Although a motion to reduce can be filed at any time, the motion is typically filed after probation is completed. In many instances, a motion to dismiss under Penal Code section 1203.4 (an “expungement”) is filed at the same time.
If the motion is granted, the conviction will be deemed "a misdemeanor for all purposes," including gun ownership and applying for rental property. However, a felony conviction that was a strike will still be considered a strike for purposes of the three strike sentencing law, a felony sex offense that is reduced will not relieve automatically a person of the duty to register as a sex offender, and under federal law, a person still might be considered a felon, which is the case for a felony domestic violence offense reduced to a misdemeanor.
Who is eligible?
To be eligible, a person must not have been sentenced to prison, a suspended prison sentence, or a conviction that is not a "wobbler."
A "wobbler" is an offense that can be charged as either a misdemeanor or a felony. Common "wobbler" offenses include Penal Code section 245, assault with a deadly weapon; Penal Code section 273.5, spousal abuse; Penal Code section 487, grand theft; Penal Code section 470, forgery; and driving under the influence as a felony. But there are many other "wobbler" offenses.
In deciding whether to reduce a felony to a misdemeanor, the court must give “individualized consideration of the offense, the offender, and the public interest.” (People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 978.) This means that the court will consider the severity of the offense, the defendant's criminal history, the defendant's efforts at rehabilitation, and the impact on society if the motion is granted. Therefore, to increase the chances of success a person should do well on probation, seek out whatever employment is possible, remain crime free, and be a positive member of the community. When presenting the motion, the Law Office of David Reagan will ask the person to gather support letters from friends, employers, and community members and any other proof of rehabilitation like education transcripts or certificates. Even without recommendation letters, though, a strong case can be presented for reduction under the right circumstances.
What are the benefits?
A felony record is a huge barrier to employment, housing, licenses, and social services. A misdemeanor record, while serious, does not interfere with as many opportunities.
A felon is not entitled to possess a gun under state and federal law; however, if a motion is granted under this section, and there are no other felonies on the record or no other reason to prohibit gun ownership, the former felon will gain back their gun rights and will be permitted to own a firearm. This does not include cases of domestic violence.
Why hire an attorney?
The court needs to be presented with compelling facts, supported by documentation, to justify reducing a felony to a misdemeanor. The Law Office of David Reagan can effectively present this evidence in court to convince the judge of the minimal nature of the prior felony, the probationer's good conduct, and the positive societal impact of granting the motion.
Reliable, compassionate, and ethical, the Law Office of David Reagan has experience with tough motion to reduce cases.
