Reducing a Felony to a Misdemeanor Pursuant to Penal Code 17
The Law Office of Nicolai Cocis understands the heavy burden to carry when you have a felony conviction on your record. You may be searching for a way to remove it or, at the very least, reduce the conviction to a misdemeanor. In California, reducing a felony to a misdemeanor may be permissible under Penal Code 17. Note that not every conviction will be eligible; below, we discuss what the requirements are to reduce a felony to a misdemeanor.
What Are the Requirements?
Some criminal offenses can be charged as either felonies or misdemeanors, although that will depend on the details involved in the case; these are called “wobblers.” California law does have a provision that allows “wobblers” to be reduced to misdemeanors, provided that they meet the criteria.
To reduce a felony to a misdemeanor, the case must hold the following criteria:
- The crime must have been considered a “wobbler”
- The individual must have been granted probation (instead of being sentenced to prison)
Some examples of “wobbler” crimes:
- Assault charges
- Drug possession charges
- Domestic violence charges
- Burglary charges
- Theft charges
- Driving under the influence
The judge will also examine various factors involved before deciding whether the case can be reduced to a misdemeanor. These might include the type of offense, the nature of the offense, if you have had other serious offenses on record, and even your personal background and history.
What Are the First Steps?
To begin the process of fighting your criminal charges, it is best that you seek counsel first from a knowledgeable Murrieta and Temecula criminal defense attorney. Nicolai Cocis can help discern whether or not an offense is a “wobbler” and what options you have for fighting to protect your reputation and your good name. One of the greatest advantages of reducing a felony to a misdemeanor is to restore many legal rights, including the right to answer “no” if asked whether or not you have had a previous felony conviction.
Do not hesitate to contact the Law Office of Nicolai Cocis today and request a free case evaluation.