|BRIAN A. VOGEL
|770 County Square Dr., Ste. 104
|Ventura, CA 93003
|(805) 654-0400 Fax:
Prop 47 Re-sentencing Specialists
Certified as a Specialist in Criminal Law by
State Bar of California Board of Legal Specialization
|Certified as a Specialist in Criminal Trial Advocacy by the
National Board of Trial Advocacy
Proposition 47 has already resulted in immediate benefits for many of our clients including early release from custody, termination of probation or parole, and the reduction of numerous qualifying felonies to misdemeanors. If you, a friend, family member or loved one qualify for relief under Proposition 47, you must file a petition seeking relief in the court in which you were sentenced. We have already successfully litigated many of these petitions and we can be in court seeking relief on your behalf very quickly after you contact us for a free initial consultation.
PHONE: (805) 654-0400
TO FIND OUT IF YOU ARE ELIGIBLE FOR RELIEF, PLEASE SEE
PROPOSITION 47, (Penal Code section 117.18)
California voters passed Proposition 47 on November 5, 2014. The "Safe Neighborhoods and Schools Act," now codified in Penal Code section 117.18, enacted sweeping changes to the Penal Code. The Act mandates that certain crimes which were previously felonies or wobblers, (crimes that can be charged as either felonies or misdemeanors), may now be charged only as misdemeanors . Effective immediately, Prop 47 reclassifies drug possession, as well as certain “nonserious and nonviolent property crimes” from felonies to misdemeanors.
Proposition 47 also retroactively applies to a person currently serving a sentence for a conviction for one of the listed crimes and it also allows a person who has already completed their sentence to petition for a recall of sentence in the trial court. Penal Code section 1170.18(f) states that:
A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors.
A petition to the court that sentenced a petitioner is necessary to obtain relief and must be filed within three years after the effective date of the act that added this section or at a later date upon a showing of good cause. (Penal Code section 117.18(j) (November 1, 2014))
Without a petition, a petitioner will not be entitled to have their sentence recalled or reduced to a misdemeanor.
Anyone who is currently serving a sentence in jail or prison for one of the listed felonies may, if certain conditions apply, be entitled to petition the sentencing court to be resentenced and to be immediately released from custody.
PROPOSITION 47 EXCLUSIONS
In order to qualify for a sentence reduction, a petitioner must not have been convicted of certain violent or sexual crimes in the past. Those convictions include any felony offense which requires Penal Code 290(c) registration or convictions for felonies listed in Penal Code 667(e)(2)(C), (serious, violent crimes, including any crime punishable by a life sentence, and certain sex and gun crimes. )
If a person currently serving their sentence does not have any disqualifying prior offenses, a judge must still determine whether the person poses an “unreasonable risk of danger to public safety,” which means an unreasonable risk that the petitioner will commit a new violent felony. To make this determination, the court may take into account:
(1) The petitioner's criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes.
(2) The petitioner's disciplinary record and record of rehabilitation while incarcerated.
(3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether anew sentence would result in an unreasonable risk of danger to public safety.
LIST OF FELONY CHARGES ELIGIBLE FOR RELIEF UNDER PROPOSITION 47
(PENAL CODE SECTION 117.18)
Penal Code section 117.18(a) specifically lists Sections 11350, 11357, or 11377 of the Health and
Safety Code, and Sections 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as “those sections have been amended or added by this act.” Numerous additional code sections have been also been affected. While not meant to an exhaustive list, it appears that petitions for relief may be available for the following offenses:
- H.S. 11350: Possession of a Controlled Substance
- H.S. 11357: Possession of Concentrated Cannabis
- H.S. 11377: Possession of a Controlled Substance
- P.C. 459: Commercial Burglary (If committed during business hours and the value of the item taken was $950 or less, it is now charged as a misdemeanor violation of PC 459.5.)
- P.C. 459.5: Shoplifting – less than $950 value
- P.C. 470: Forgery (Including PC 471,472, 475, 476, 484f and 484(i(b) but excluding PC 530.5 identity theft.)
- P.C. 473: Forgery – less than $950 value
- P.C. 476(a): Check Fraud or NSF Checks – if the total amount of the checks does not exceed $950 in value
- P.C. 487 Grand Theft (including PC 484e(a), 484e(a), 484e(b), 484e(d, 484g, 484h, 487a, 487b, 487d, 487h, 487i, 487j and 489.)
-P.C. 490.2: Grand Theft (If the value of the item taken is less than $950 in value)
- P.C. 496: Receiving Stolen Property (If the value of the item involved is less than $950 in value)
- P.C. 666: Petty Theft with Prior – (unless the petitioner has 3 or more prior convictions for certain theft offenses)
If you, a friend, family member or loved one is currently serving a jail or prison sentence, are currently charged with a felony eligible for relief or have completed you sentence on an eligible felony and believe that you may qualify for resentencing, early release, and/or the termination of parole or probation, please contact us immediately for a free consultation.
PHONE: (805) 654-0400
We look forward to the opportunity to help you. ‑ Email Us