Are You Eligible for Resentencing Under Proposition 47?

This past Tuesday, November 4th was the Midterm Elections, and aside from the political power plays which dominated the news, several important Propositions were passed in California. One of these was California Proposition 47, or the Reduced Penalties for Some Crimes Initiative. By voting to pass Prop 47, California voters fully embraced criminal justice reform, and made the state the first in the country to de-felonize drug use.

In a previous blog, we discussed the importance of Prop 47 as a crucial step toward fixing our broken criminal justice system. The measure rolls back harsh and outdated sentencing polices, and is a safe way to reduce prison populations and prison spending. Most importantly, it treats individuals who are accused and convicted of non-violent and non-serious property or drug crimes fairly.

Prop 47 reduces the following crimes from felonies to misdemeanors:

  • Shoplifting of property less than $950
  • Grand theft of property less than $950
  • Receiving stolen property less than $950
  • Forgery less than $950
  • Fraud less than $950
  • Writing a bad check less than $950
  • Personal use of most illegal drugs

Under Prop 47, these crimes will be reduced from felonies to misdemeanors. This means anyone who is charged with these qualifying crimes will face less severe sentencing. It also means that anyone who has been charged, convicted, and sentenced for these same crimes may be eligible for reduced charges and / or resentencing.

Eligibility Criteria

You or a loved one may be eligible for a reduction/resentencing if you have been convicted of any of the above crimes, do not have a violent or serious conviction on your criminal record, including convictions for murder, rape, certain sex crimes, and certain gun crimes, among others, and:

  • Have completed the terms of your sentence, are not under court supervision, and are not currently in custody;
  • Are currently under court supervision (probation, parole, mandatory supervision) or are currently in custody; or
  • Are currently diverted under PC 1000, California's Deferred Entry of Judgment, Drug Diversion

At the Law Offices of Virginia L. Landry, Inc., our Orange County criminal lawyers support Prop 47 and the rights of individuals who may be eligible for reductions or resentencing. If you have questions about your eligibility and what our firm can do to guide you through the process, contact our firm today for a consultation.

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