22 Oct 25
A felony conviction may leave significant permanent employment, housing, and civil rights barriers. Luckily, California law offers several avenues to reduce a felony to a misdemeanor, providing a second opportunity to a person who has shown signs of rehabilitation. This process is commonly known as a wobbler reduction and can be life-changing. It reinstates gun rights, enhances employment opportunities, and lessens the social stigma of having a felony. The first step in getting your record clear and heading into a better future is to understand these legal avenues. Let us look at how you can achieve this.
- Plea Bargaining (Before a Conviction)
One of the best methods to minimize a felony to a misdemeanor is plea bargaining, which occurs during the critical pre-trial negotiation stage. This usually represents the first and most favorable chance to settle your case on better terms and to save the risk and uncertainty of a full-scale trial.
A plea bargain is a written agreement between you, your defense attorney, and the prosecution (District Attorney). Once you sign this agreement, you agree to plead guilty or no contest to a lesser charge, instead of the original and more serious felony charge in the case.
The negotiation process is a strategic back-and-forth between your defense lawyer and the prosecutor. The main objective of your defense lawyer is to convince the prosecutor to withdraw the formal charges as a felony and convert the charges to a misdemeanor. This is done by drawing attention to the flaws in the prosecution’s case, which gives it a strong bargaining power at the bargaining table. An experienced defense counsel will conduct a thorough investigation and review all evidence, witness statements, and police procedures to determine whether any problems will undermine the prosecution’s ability to convict the defendant during the trial.
Some of the weaknesses that your defense attorney can expose to leverage during the plea negotiation could include:
- Problematic evidence — In the case of illegally obtained evidence, for example, without a proper search warrant or based on your constitutional rights, your defense attorney may submit a motion to suppress the evidence. When the court grants the motion, the evidence may not be admitted at trial, significantly undermining the prosecution and increasing their likelihood of offering and accepting a plea deal.
- Unreliable witnesses — The credibility of a witness may be questioned if the witness is known to lie or has a bias against you, or because his/her testimony conflicts with other evidence. When your attorney reveals these matters, the prosecutor may reevaluate the ability of his/her case and the danger of submitting it to a jury.
- Violation of constitutional rights — If the law enforcement violated your constitutional rights during the investigation, for example, failing to read you your Miranda rights during a custodial interrogation, your attorney can cite this as a strong defense in reducing charges or giving rise to a dismissal of the case.
A plea bargain offers a guaranteed conviction at a reduced charge without the time, cost, and potential risk of a trial to the prosecutor. There are so many advantages to plea bargains, which may be life-altering. In addition to the immediate reduction of a felony to a misdemeanor, a plea deal grants a quicker disposition to your case, offers a predictable outcome, and may result in a softer sentence, including probation rather than incarceration. It also spares you the court fees and other related expenses to the court. Your defense attorney can remind the prosecutor that it is a gamble to proceed to trial when he/she points out the weaknesses in the case presented by the prosecution. This win-win situation usually results in a favorable agreement where the felony is pleaded to a misdemeanor and saves both parties the time, money, and risk of a full trial with an outcome far more favorable to your future.
- Judicial Reduction at the Preliminary Hearing
The other helpful way to minimize a felony to a misdemeanor consists of a judge ruling during the preliminary hearing. This legal avenue is an alternative to the classic plea bargain because this procedure is not a negotiated settlement with the prosecuting attorney, but instead the discretionary judgment of the judge and a thorough consideration of the evidence presented in the case. This is an important difference as it gives you a chance to have a judicial intervention, which can radically change the direction of your case, even though the prosecution intends to have you charged with a felony.
The preliminary hearing is one of the most significant checks in a felony case. It is, simply put, a preliminary mini-trial, in which a judge sits in over the proceedings and determines whether there is enough evidence to warrant the process to proceed to a full-blown felony trial. The prosecution has the burden of providing evidence to prove probable cause. Probable cause is a reasonable belief that a crime has been committed and that you committed it. Although this is an extremely low standard of evidence compared to the beyond-a-reasonable-doubt standard required for a conviction, it nonetheless demands that the prosecutor produce a substantial case. At this point, the authority of the judge can be invoked.
Under Penal Code 17(b) 5, the judge has the express right to reduce a felony to misdemeanor at the end of the preliminary hearing. This authority applies especially to wobbler cases, crimes that can be legally pursued and charged as a felony or misdemeanor. The judge may exercise this authority should he/she find that the evidence, though sufficient to meet the probable cause test, is not persuasive enough to proceed with a felony prosecution of you. This choice is based on the circumstances of your case, including the alleged crime and your criminal background.
A judge’s ruling is a verdict of the law and not a product of a negotiation. This means that even when the prosecutor is persistent in his/her opposition to this decision, the judge can arrive at this decision. This power underscores the importance of an experienced defense lawyer during the preliminary hearing. Your attorney’s task is to provide a well-founded and convincing argument that the facts and circumstances under which your case occurred are more suggestive of a misdemeanor than a felony. By pointing to exonerating circumstances, casting doubt on the prosecution’s story, and pointing to your character or absence of criminal record, your defense can influence the judge to use his/her discretion to minimize the charge. This legal maneuver can be of great benefit to you because when you have this legal approach in place, the felony charge may be dismissed, and your case will be heard at the level of misdemeanors, which will significantly lower your possible sentences and help you escape the stigma of having been convicted of a felony.
- The PC 17(b) Motion (Post-Conviction of a Wobbler)
A felony can be reduced upon conviction by filing a Penal Code 17(b) motion. The motion is a powerful tool for post-conviction relief in California, and as such, a judge can reclassify a felony conviction to a misdemeanor. This applies to wobbler offences.
A wobbler is a crime, which may be classified either as a felony or a misdemeanor. The prosecution makes the initial decision on how to charge the crime, depending on the nature of the crime and your criminal record. However, even when you have been convicted of a felony, you may still be able to get it reduced if it’s a wobbler. Typical wobbler crimes are:
- Grand theft
- Assault with a deadly weapon
- Vehicular manslaughter
- Forgery
- Domestic violence
- Certain drug-related crimes
The filing procedure in a PC 17(b) motion starts after completing your probation. This is an essential condition. You are ineligible for a reduction under this law if sentenced to state prison. Completing probation proves to the court that you are rehabilitated and you do not pose a threat to the community.
To initiate the process, you or your attorney must file a formal motion with the court that handled your original case. This request seeks the judge to revisit the felony conviction, dismiss it, and transform it into a misdemeanor. You will be required to demonstrate to the court your good behavior since the conviction, including:
- All probation terms are completed, for example, payment of all the fines and restitution
- indication of stable work or training
- Employer, family, or community character reference letters
- Evidence of the completion of any needed programs, including anger management or substance abuse treatment.
When a judge evaluates the possible application of a PC 17(b) motion, a thorough examination of several factors is conducted to determine whether or not it is really in the best interest of justice to amend a felony wobbler to a misdemeanor. This is not a light-hearted decision that can be reached without a comprehensive evaluation of your past actions and the current situation. The court investigation goes much deeper than the superficial information of the case, through your personality, behavior, and rehabilitation efforts since the day of the initial conviction.
Original facts of the case are among the first and most important issues a judge considers. The court will carefully consider the details of the crime to determine its severity and nature. The central issue is whether the crime was particularly violent or outrageous. For example, a property crime that is perpetrated without any violence will be seen as being more favorable than a crime whose perpetrator used physical force to harm another individual. The victim must be present, the weapon must have been used, and the property damage must have been considerable. All these factors will weigh heavily against the motion since they show the level of harm that could not be appropriately categorised as a misdemeanor. The judge will not retry the case but will reassess the original felony designation per all the circumstances, considering the original felony plea bargain or the jury conviction.
Another crucial factor is your criminal record. A clean or restricted history with few offenses is considered favourably. This shows that the felony offense is a one-time incident in your otherwise law-abiding life, and is not a continuation of a persistent criminal pattern. The success of the motion would face a tremendous challenge with:
- A previous felony conviction
- A history of violence
- A series of probation violations
The court would want to know that you are not a habitual offender but an individual who has made a real and permanent attempt to change.
A judge will also consider your actions during the probation period. This acts as a tangible and verifiable indicator of your sincerity towards rehabilitation. The judge will carefully review whether you completed all the terms and conditions of your probation, such as attending all the court-mandated classes, like anger management or DUI school, and paying all the necessary fines and restitution.
The judge will also scrutinise your personal life after the conviction. This is where you can truly showcase your journey toward rehabilitation. The court will examine your employment status, looking for signs of stable and consistent work, which indicates you have become a productive and self-sufficient member of society. Your family life, which includes your responsibilities as a parent or a supportive partner, will serve as evidence of your personal responsibility. Furthermore, your community involvement, that is, volunteering, joining a church or other civic groups in your neighborhood, shows that you are determined to make a difference in your community.
The judge has broad discretion in granting or denying the motion. A strong argument, backed by evidence of a changed life, is essential for a successful outcome.
- Proposal 47 Petition to Reclassify
Another pathway to a downgrade of a felony to a misdemeanor is reclassification through a Proposition 47 petition. This is an effective legal remedy for a particular list of non-violent low-level felony convictions. A Prop 47 petition is automatic, provided your conviction satisfies the rigorous eligibility requirements, unlike a PC 17(b) motion that is discretionary and requires a judge to conclude you have committed a wobbler offense.
In 2014, California voters passed the Safe Neighborhoods and Schools Act. This legislation was meant to decrease the state’s prison population and divert the funds to schools and victims. To do this, it reclassified some non-violent and non-serious felonies into misdemeanors. They were also retroactive under the law, which is that individuals with prior convictions of these crimes would petition the court to have their felony convictions reduced to misdemeanors.
Proposition 47 is limited exclusively to a set of crimes. To qualify, your felony conviction must be of one of the following offenses:
- Shoplifting (Penal Code 459.5) — The property stolen cannot be valued at more than $950
- Receiving stolen property (Penal Code 496) — The property must be under $950
- Forgery (Penal Code 473) — The amount of the check, bond or bill shall not exceed $950
- Grand theft (Penal Code 487) — The stolen property should not be valued at more than $950
- Petty theft with a prior (Penal Code 666) — In case the previous offense was a non-severe crime and the current crime has a value of not more than $950
- Drug possession (Health & Safety Code 11350, 11357, 11377) — A personal use of a controlled substance in its simple possession form is reclassified.
You are ineligible for a Prop 47 reduction if you have a prior conviction for a “super strike” offense. These offenses include some serious or violent felonies like murder, rape, or sex offenses against a minor.
A Prop 47 reclassification process is fairly simple. You or your attorney must file a petition with the court where you were originally convicted. Unlike a PC 17(b) motion, which often requires a lengthy waiting period, a Prop 47 petition may be submitted at any time following your conviction, even when you are still on probation or after finishing your sentence.
It should be within the petition that your conviction is one of the eligible offenses and that you are eligible to be reclassified. After filing the petition, the court will consider your case to see that it qualifies under the provisions of Proposition 47. If your case qualifies, the court will issue an order to reduce your felony charge to a misdemeanor. This is a permanent change, and it can improve your employment opportunities and civil rights.
Find a Criminal Defense Attorney Near Me
Reducing a felony to a misdemeanor is not just a legal formality. It is a profound opportunity for a fresh start. Be it a pre-conviction plea bargain, a court order, a post-conviction PC 17(b) motion, or a reclassification under Proposition 47, each method provides an opportunity to take off the life-changing weight of a felony conviction. This can reinstate your rights, increase your work and residential prospects, and assist you in gaining a semblance of normalcy and dignity. By understanding these legal pathways, you take the first crucial step toward reclaiming your future.
When you or someone you love is confronting the difficulties of a felony charge, you should turn to a legal expert. If you are in Van Nuys, contact Leah Legal at 818-484-1100 and let us help you navigate this complex process and secure the best possible outcome.
