California PC 1170.18 (aka Prop 47) became law this November 2014 and has had a huge effect on the criminal justice system. This law makes many theft and drug charges misdemeanors that have been felonies in the past. It is also retroactive which means that if you have been convicted of one of the crimes that are now misdemeanors, you can have your charges reduced to misdemeanors in most cases. There are very few exceptions. The reduction and resentencing, however, does not restore gun rights.
The Courts are setting up the procedures to get the reduction and resentencing for those with prior convictions and those serving sentences. An application or petition must be filed depending on the circumstances. The most immediate concern of the Courts is to review those defendant’s cases that are in jail or prison. This law is resulting in their immediate release from custody. PC 1170.18 (aka prop 47) makes most simple drug possession charges for personal use misdemeanors like methamphetamine, hashish, and previously non-reducible heroin and cocaine. Regardless of priors, these charges are misdemeanors as are theft charges involving value of $950 or less, regardless whether it was also charged as a 2nd degree burglary, theft with priors, receiving stolen property, forgery, or nsf checks. It does not matter if you have had theft priors if the new case is a petty theft then it is a misdemeanor.
PC 1170.18 (aka prop 47) is new, it affects thousands of people and can mean that they no longer will have a felony conviction and suffer the issues that come with a felony record like employability, licensing, possibly immigration, education, careers and many other benefits that individuals may now be eligible. This process will not restore gun rights but will result in a misdemeanor record only. Call the criminal defense attorneys Nicholas or William Christoph at Christoph Law Offices at 760-941-5720 for a free consultation to discuss your situation. For over 32 years across from Vista Courts, we have provided the highest level of assistance to our clients. We can review your eligibility, what needs to be done, when and how. We are constantly updated and current on the new law.
