California Proposition 47 & Resentencing
On November 4, 2014, California voters approved Proposition 47 – also referred to as the Reduced Penalties for Some Crimes Initiative or The Safe Neighborhood & Schools Act. The initiative was a large step toward rolling back outdated criminal sentencing guidelines that contributed to overburdened prisons. It also calls for fair sentencing in cases involving non-serious and non-violent property and drug offenses. As a result of Prop 47 being passed, certain low-priority crimes have been reduced from felonies to misdemeanors.
This means that:
- Individuals currently serving sentences – either in jail or prison or under court supervision – for crimes reduced to misdemeanors under Prop 47 would be eligible for reductions and resentencing.
- Individuals who have completed sentences for crimes reduced to misdemeanors under Prop 47 would be eligible to have their convictions reduced.
Eligibility for Prop 47 Reductions
Whether or not you or a loved one may be eligible for a reduced charge or re-sentencing under Prop 47 will depend on several factors. For one, defendants must not have prior convictions for a violent or serious offense, including certain sex crimes and gun crimes. Reductions are also only available for the following types of offenses:
Property Crimes – Individuals may be eligible for reduction/resentencing under Prop 47 if they do not have a serious or violent criminal history and have committed any of the following:
- Shoplifting property valued less than $950
- Grand theft of property valued less than $950
- Receiving stolen property valued less than $950
- Forgery of a check, bond, or bill property valued less than $950
- Fraud valued less than $950
- Writing a bad check less than $950
Drug Crimes – Proposition 47 declassified the personal use of most illegal drugs from felonies to misdemeanors. For example, this may include possession of a controlled substance, which was once a felony offense. Our legal team can help you determine if you are eligible to have a drug crime conviction reduced or re-sentenced as a misdemeanor.
Learn More About Your Options!
At the Law Offices of Virginia L. Landry, our Orange County criminal attorneys are prepared to help individuals learn more about California Proposition 47, whether they may be eligible for reductions or resentencing.
If you have questions about your unique case, contact a Prop 47 lawyer from our firm.