Can a Felony Be Reduced to a Misdemeanor in California?

In California, certain Felonies can be reduced to Misdemeanors.  This can be done either by plea negotiation with the District Attorney or by a Penal Code 17(b) motion to the court during the preliminary hearing, upon completion of probation, or even years after successfully completing probation.  

 As a criminal defense attorney practicing in Southern California for almost two decades, I’ve seen countless cases where individuals faced life-altering felony charges. One of the most common questions I receive from clients is whether their felony can be reduced to a misdemeanor. The short answer is: in many cases, yes.

But the process is nuanced and depends on various factors. In this post, I’ll break down the ins and outs of felony reductions in California, explaining the concept in simple terms for those unfamiliar with the legal system.

Understanding Felonies and Misdemeanors

Before we dive into the reduction process, let’s clarify what felonies and misdemeanors are:

Felonies: These are more serious crimes, typically punishable by imprisonment for more than one year in state prison or, in some cases, death. Examples include murder, rape, and robbery.

Misdemeanors: These are less serious offenses, usually punishable by up to one year in county jail. Examples include simple assault, first time driving under the influence, petty theft, and public intoxication.

The key difference lies in the severity of the punishment and the long-term consequences. Felony convictions often carry significant stigma and can severely impact one’s ability to find employment, housing, or even vote.

Wobblers: Felonies that Can Be Reduced to Misdemeanors

In California, certain crimes are known as “wobblers.” Wobblers are offenses that can be charged as either felonies or misdemeanors, depending on the circumstances of the case and the defendant’s criminal history. Some common wobbler offenses include:

1. Burglary
2. Assault with a deadly weapon
3. Certain drug possession charges
4. Grand theft
5. Forgery
6. Vehicle Registration Fraud

The existence of wobblers is crucial because it provides an opportunity for defense attorneys to argue for reduced charges, even before a case goes to trial.

Penal Code 17(b): The Legal Basis for Reduction

The primary legal mechanism for reducing a felony to a misdemeanor in California is found in Penal Code Section 17(b). This statute outlines several scenarios where a felony can be reduced:

1. At the preliminary hearing: The judge can decide to make the offense a misdemeanor.
2. When a defendant is eligible for probation: The judge can declare the offense a misdemeanor at sentencing.
3. After probation is completed: The court can reduce the felony to a misdemeanor upon successful completion of probation.
4. By prosecutor’s motion: The district attorney can file a motion to reduce the charge.

It’s important to note that not all felonies qualify for reduction under PC 17(b). Only wobblers are eligible.

Factors Considered in Reducing a Felony to a Misdemeanor

When deciding whether to reduce a felony to a misdemeanor, judges and prosecutors consider several factors:

1. The nature and circumstances of the offense
2. The defendant’s criminal history
3. The defendant’s personal circumstances (e.g., employment, family obligations)
4. The impact on the victim
5. Public safety concerns
6. The defendant’s performance on probation (if applicable)

As a defense attorney, my job is to present these factors in the most favorable light possible for my client. This might involve gathering character references, proof of rehabilitation efforts, or evidence of mitigating circumstances surrounding the offense.

The Reduction Process

The process of reducing a felony to a misdemeanor can occur at various stages of a criminal case:

1. Pre-Trial Negotiations: Often, we can negotiate with the prosecutor to file the case as a misdemeanor from the start, based on the circumstances and our client’s background.
2. At the Preliminary Hearing: If charged as a felony, we can ask the judge to reduce it to a misdemeanor at this early stage.
3. At Sentencing: If our client pleads guilty or is convicted of a felony wobbler, we can request the judge to sentence it as a misdemeanor.
4. After Probation: If sentenced to felony probation, we can petition for reduction after successful completion.
5. Post-Conviction: Even years after a conviction, it may be possible to petition the court for a reduction under certain circumstances.

Benefits of Felony Reduction

The advantages of having a felony reduced to a misdemeanor are significant:

1. Shorter jail time: Misdemeanors carry a maximum of one year in county jail, as opposed to potentially lengthy prison sentences for felonies.
2. Restoration of rights: Many civil rights lost due to a felony conviction can be restored, including the right to own firearms in some cases.
3. Employment opportunities: Many employers are more willing to hire someone with a misdemeanor rather than a felony on their record.
4. Housing: Rental applications often ask about felony convictions, making it easier to secure housing with a misdemeanor.
5. Professional licenses: Many professional licensing boards have restrictions for felons, which may not apply to misdemeanors.
6. Reduced stigma: The social stigma associated with being a “felon” can be significantly reduced.

Expungement: The Next Step

Once a felony has been reduced to a misdemeanor, the next step is often to seek an expungement under Penal Code 1203.4. An expungement essentially dismisses the conviction, allowing the individual to legally state they have not been convicted of that crime (with some exceptions, such as running for public office or applying for state licenses).

Limitations and Exceptions

While the ability to reduce felonies to misdemeanors is a powerful tool in California law, it’s not without limitations:

1. Not all felonies qualify: Serious and violent felonies, such as murder or rape, cannot be reduced.
2. Some reductions don’t remove all consequences: For example, a felony DUI reduced to a misdemeanor still counts as a prior DUI for future offenses.
3. Federal convictions: This process applies only to state convictions, not federal ones.
4. Time limits may apply: Some reductions must be requested within a certain timeframe after conviction or completion of probation.

Real-World Impact: A Case Study

To illustrate the real-world impact of felony reduction, let me share a case I handled recently (with details changed to protect client confidentiality):

John, a 25-year-old college student, was arrested for grand theft after stealing expensive electronics from his workplace. Initially charged as a felony, John faced up to three years in state prison. As his defense attorney, I argued that this was his first offense, he had immediately expressed remorse, and he had already begun making restitution to his employer.

We negotiated with the prosecutor that John due to his limited record could plead to a misdemeanor.  The District Attorney made a motion with the court to reduce the charge to a misdemeanor and the court agreed.  

Another case involved a person named Ralph.  He was stopped by police.  The officers searched his car and found a loaded firearm that was not registered to him in violation of Penal Code 25850(c)(6) in Riverside County.  The District Attorney’s Office wanted him to serve a significant amount of jail time.  In addition, a felony conviction for this charge would mean he would have to move from his residence and lose his job.  My office received the case after the Preliminary Hearing where a request for a misdemeanor reduction was already requested and denied.  My office gathered support letters, documentation on my client’s continued schooling, and volunteer service.  We filed another motion with the court and the Judge agreed to reduce the case to a misdemeanor.  This allowed Ralph to continue with his job and support his family.  

Conclusion

The ability to reduce a felony to a misdemeanor in California is a vital aspect of our criminal justice system. It recognizes that people can make mistakes, learn from them, and deserve second chances. As a defense attorney, I’ve seen firsthand how this process can dramatically alter the trajectory of a person’s life.

However, navigating this process requires a deep understanding of California law and the local court system. If you or a loved one is facing felony charges or seeking to reduce a past felony conviction, it’s crucial to consult with an experienced criminal defense attorney who can evaluate your case and guide you through the process.

Remember, the law is complex and ever-changing. This post provides a general overview, but each case is unique and requires individual assessment.