Proposition 47 was adopted by California voters in November, 2014. It provides relief for people are currently charged with certain offenses, and it also provides relief for people who have already been sentenced. Under Prop 47 you can have a prior felony reduced to a misdemeanor and, if applicable, have your sentenced reduced accordingly. This is a very recent addition to California law, and many questions and uncertainties remain. However, it is clear that much can be done to reduce charges and lighten sentences in regard to the specific theft and drug crimes listed in Prop 47. Generally, Prop 47 reduces these crimes from felonies (which are punishable by a term in prison and sometimes huge fines) to misdemeanors (which are punishable up to one year in county jail and usually much smaller fines).
Theft crimes that are reduced by Prop 47 include Grand Theft. From here on out any theft property worth less than $950 is a misdemeanor. This includes things like grand theft auto, commercial burglary, receiving stolen property, check fraud/forgery, and petty theft with a prior.
Drug crimes covered by Prop 47 include simple possession charges, including methamphetamine and concentrated cannabis. HS1135 (possession of a controlled substance) is now a misdemeanor, as is HS11357 (possession of concentrated cannabis) and HS11377 (possession of methamphetamine).
With a few exceptions, these new rules apply to all who are either currently serving a sentence and those who have already completed their sentences. The exceptions are a little complicated, but generally speaking prior convictions for sex crimes, certain violent felonies (although not all ” strikes” ) make a person ineligible for Prop 47 re-sentencing. If you think you might be eligible, it’s important to speak with an attorney to find our what your options are.
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