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Reducing Felony Convictions to Misdemeanors

Our criminal defense and expungement lawyers help clients to reduce felony convictions to misdemeanors throughout Riverside, Corona, San Bernardino, Rancho Cucamonga, Pasadena, Long Beach, Los Angeles, Santa Ana and the surrounding areas.

What Makes a Felony Conviction Eligible for Reduction to a Misdemeanor?

There are two requirements for a felony conviction in California to be reduced to a misdemeanor. The process is set out in California Penal Code 17(b).

First, the offense must be what we call a “wobbler.” Under California law, a wobbler is an offense that can be charged and punished as either a felony or a misdemeanor. The list of wobblers is too numerous to detail here, but includes such common crimes as burglary, assault with a deadly weapon, criminal threats, spousal battery and most fraud charges.

Second, the person convicted of the wobbler felony offense must have been granted probation. If probation was denied, and the person was sentenced to California State Prison, then he/she is not eligible for a reduction to a misdemeanor (or an expungement).

At What Point Can I Get My Felony Conviction Reduced to a Misdemeanor?

If you are still on felony probation, our California expungement lawyers can petition the court to reduce the case to a misdemeanor at the time your probation concludes (either because an early termination is granted, or because the probationary period expires).

If you are already done with probation, our California expungement attorneys can place the matter back on the court’s calendar and set it for a misdemeanor reduction hearing.

How Does The Court Decide Whether to Reduce The Felony to a Misdemeanor?

The judge looks at all the factors in the case, good and bad: (1) the nature of the offense, (2) the facts of the commission of the crime, (3) how well (or poorly) the defendant did on probation, (4) the person’s life history and (5) his/her other criminal record, if any. The prosecutor can also take a position, which the judge can consider.

How is a Misdemeanor Reduction Related to an Expungement?

California expungement lawyers typically seek to reduce a felony conviction to a misdemeanor before getting the case expunged (although the two processes can occur at the same hearing). An “expunged misdemeanor” is better than an “expunged felony” because it can preserve for the client certain rights and benefits that can be denied to a convicted felon.