Resentencing & Reducing Crimes under Proposition 47
In November 2014, California voters approved Proposition 47, also referred to as “The Safe Neighborhoods & Schools Act” or the “Reduced Penalties for Some Crimes Initiative.” Proposition 47 is an initiative designed to reduce the classification of most non serious and nonviolent property and drug crimes from a felony to a misdemeanor. The Proposition 47 sentencing reform measure’s purpose is to correct California’s unfair and outdated sentencing guidelines for some specified drug and theft offenses.
The two-pronged aim of Proposition 47 is not just to lessen penalties for non violent offenders, but also to focus law enforcement resources on those committing violent and serious crimes. The authors of Proposition 47 understood that the limited resources of law enforcement and the criminal justice system would be put to better use if focused on repeat violent offenders rather than those committing low level theft and drug crimes.
California Proposition 47 Summary:
• Requires misdemeanor sentence instead of felony for certain drug possession offenses
• Requires misdemeanor sentence instead of felony for petty theft, receiving stolen property, and forging/writing bad checks where the amount involved is $950 or less
• Allows felony sentence where the offender has a prior conviction for crimes such as rape, murder, child molestation, or is a registered child molester
• Requires resentencing for persons serving felony sentences for these offenses unless the court finds an unreasonable public safety risk
• Redirects the savings to mental health and drug treatment programs, K-12 programs, and crime victims.
Eligibility for Prop 47 Resentencing
Proposition 47 allows individuals who were previously convicted of specified non-serious and non-violent crimes to request resentencing. If a resentencing is granted, the individual may have their felony conviction reduced to a misdemeanor. Having a felony conviction removed from your record can relieve you of restrictions to employment and housing. Additionally, if the individual is still serving their sentence, they could be released immediately. In order to be eligible for resentencing and possible reduction, the individual cannot have a prior conviction for violent or serious offense or a crime requiring sexual offender registration.
The Law Office of Gregory Garrison Can Help
The Law Office of Gregory Garrison can help individuals learn more about reducing their sentences and removing felony convictions from their record under Proposition 47. Our team of legal professionals can advise and assist individuals who were sentenced for felony crimes that are now classified as misdemeanors under Proposition 47.
Not every individual will be eligible for Proposition 47 relief. Eligibility will depend on the individual’s criminal record and the specific facts of the individual’s case. The Law Office of Gregory Garrison and its team of legal professionals will provide a thorough case analysis to determine your eligibility for Proposition 47 relief. We can assist you in reducing your felony conviction to a misdemeanor, in having your record amended, and even in securing your immediate release from custody.
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