Proposition 47, also known as the Safe Neighborhoods and Schools Act, was approved by California voters on November 4, 2014.
This significant law reclassified certain low-level crimes from felonies to misdemeanors. The savings from reduced incarceration costs are now being directed toward drug and mental health treatment programs for at-risk students and victims, offering a ray of hope in their lives. In essence, Proposition 47 has resulted in reduced penalties for certain theft and drug crimes in California.
Proposition 47 changes crimes that were previously classified as felonies or wobblers, meaning that they can now be charged as misdemeanors instead of felonies.
The maximum penalty for these crimes under Proposition 47 will be:
- Up to one (1) year in county jail; and
- A fine of up to one thousand dollars ($1,000)
The felony/wobbler offenses that are now charged as misdemeanors under Prop 47 are:
- Simple drug possession
- Petty theft under $950
- Shoplifting under $950
- Forging or writing a bad check under $950
- Receipt of stolen property under $950
- Possession of a controlled substance;
- Possession of concentrated cannabis
- Possession of methamphetamine.
Most people will be charged with a misdemeanor if they are accused of one of the above-listed crimes under Prop 47, but some people may still face felony penalties for these offenses. The Prop 47 sentence reductions in California do not apply to:
- Defendants with previous convictions for serious crimes;
- Defendants are required to register as sex offenders for prior sex offense convictions.
If you are facing felony penalties for any of the Prop 47 eligible offenses, you can apply for resentencing in court. A successful application means your conviction will be deemed as a misdemeanor, potentially leading to an earlier release from incarceration. In some cases, immediate release may even be possible.
Prop 47's primary impact on California criminal law is the reclassification of some theft and drug offenses from felonies or wobblers to misdemeanors.
A 'wobbler' is a California offense that can be charged as either a misdemeanor or a felony at the prosecutor's discretion. The decision typically depends on the specific circumstances of the case and the defendant's prior criminal record. However, Proposition 47 has limited the prosecutor's ability to charge certain offenses as felonies, leading to them being charged as misdemeanors.
The Reclassification process associated with Prop 47 is designed to be fair and just, providing reassurance to individuals who are no longer in custody, on probation, or parole. You can apply to have an old felony conviction changed from a felony to a misdemeanor on your record if the conviction occurred in a California court.
Applicants should work with legal counsel to assist with the reclassification process, ensuring they feel supported and guided. The process of resentencing under Proposition 47 is for individuals serving a sentence for any of the Proposition 47 eligible offenses. This includes serving a sentence in jail or prison, being on parole, probation, post-release community supervision, or mandatory supervision.
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