Proposition 47

Voters Passed the Criminal Sentences. Misdemeanor Penalties. Initiative Statute, known by supporters as the Safe Neighborhoods and Schools Act

In November 2014, California Voters passed an initiative to reduce the penalties for drug possession, and nonviolent theft crimes valued under $950.  Under previous law, simple possession of drugs like cocaine, heroin, opioid/opiate pain medications were a strict felony under Health and Safety code section 11350.  Possession of methamphetamine, PCP, LSD, MDMA and even concentrated cannabis (including edibles) could be charged as felonies if the District Attorney's office wished to do so.  Similarly, shoplifters and other petty thieves could be charged with felonies, even for very small thefts, if they either had a prior (Penal Code 666), or if the prosecution could argue that the theft was intended at the time of entry into a store or other building (Penal Code 459).  This dramatic change in the law has affected a great number of people who face criminal charges today, or who suffered felony convictions in the past, and are now eligible for relief.

It is important to note that a reduction from a felony to a misdemeanor for drug possession and thefts under $950 is not without its boundaries.  One of the most common mistakes people make with the application of Prop 47 is to robbery (Penal Code 211) cases where under $950 was taken.  Because robbery is a violent crime, it does not qualify.  Additionally, some forms of financial crimes can still be classified as felonies, even if no amount of money was taken, these include forgery, possession of another's access card, and other financially sophisticated crimes.  Proposition 47 did not change drug sales charges. 

Certain serious felony convictions (Murder, Arson, Rape, Mayhem, and others) can also render a person ineligible for reduction to a misdemeanor under the modified law.  This means that someone previously convicted of rape, for example, can be charged with a felony (and have that felony sentenced doubled under California's Three Strikes Law) for drug possession or a petty theft.  Additionally, Proposition 47 reduces what were once felony charges to misdemeanors for all purposes, except for restoration of firearm rights.  A Prop 47 petition will not restore gun rights, but will otherwise remove much of the harm and stigma that comes with a felony conviction.  A Penal Code 17(b) motion, would be the only way to reduce charges for all purposes, and eligibility for that relief is something that is only available for some of the charges affected by Prop 47.

A drastic reduction in the number of felony filings from drug and petty theft cases was supposed to result in more resources being allocated to dealing with more serious crime.  Without so many simple possession and repeat shoplifting cases, the District Attorney's office began to look for other ways to charge people with felonies, including filing drug sales charges in simple possession cases (for example, possession by one person of three grams of cocaine, purchased in three separate bags), or alleging elements of theft crimes to get around small value (for example, filing robbery charges in a shoplifting case where a shoplifter struggled to get away from security).  This aggressive overzealous prosecution in cases like these is yet another reason, if not a precise illustration, of why it is vital to have a dedicated, experienced criminal defense lawyer on your side if you are facing criminal charges in San Diego.  The voters did an excellent job of reforming criminal law to be more progressive, but you cannot count on the prosecution (or even the court) to be lenient; strong advocacy is a must.

Like an expungement, a petition for re-sentencing pursuant to Proposition 47 can greatly improve your life.  Relieving yourself of having a felony conviction can result in new or better employment opportunities, ability to obtain a professional license, fewer restrictions on travel and free exercise of other rights and more.  If you suffered a felony conviction, let us look over your case or history and see if you might be eligible for reduction to a misdemeanor or other relief.

If you or a loved one is currently facing a drug case or theft case, or has prior felony convictions which may be eligible for reduction pursuant to Prop 47, contact out office today to discuss how Proposition 47, and we, can help you avoid negative consequences and get back to your life.

CALL NOW FOR A FREE CONSULTATION  -  619-550-4422

By Nicholas Loncar, Criminal Defense Attorney

---