Los Angeles Superior Court News Update
Author: T. F.
Dissolving a Limited Liability Company
If members of a Limited Liability Company (“LLC”) want to dissolve an LLC, there are steps to be taken top formally dissolve it.
First, review your operating agreement sand determine what steps need to be taken to formally, and properly dissolve the LLC. An operating agreement sets out the rules for LLCs when they dissolve or when an LLC member chooses to move on. Your operating Agreement might have pertinent information for this process. If not, you might consider making one before dissolving in earnest.
If the LLC has employees, notify them if necessary, and make sure all payroll taxes are current, or if any other obligations pertaining to the employees are current.
If the LLC has real estate holdings or other assets, a decision must be made to liquidating these assets. Ask yourselves questions like: Is your real estate liquid? Can you realistically sell your property? If not now, when? If you cannot sell it, what does that mean for the dissolution of the LLC? If you sell it at a loss, how does that affect the basis for your LLC members? What are the terms of leases you have and what is required if you vacate the property?
If the LLC has entered in any contracts with customers, you’ll need to come up with a plan for how to fulfill those contracts. What will it cost if you can’t fulfill them?
Work with your tax expert to anticipate what you will owe in taxes and make sure you have enough money to cover any final amount due. You’ll need to file the appropriate form with the IRS at the right time, usually within a specified number of days of your dissolution date.
When you have the answers to these questions, along with other specifics pertaining to your particular LLC, you will be ready to present the data to the members.
What’s Next,
Typically, a dissolution procedure is outlined in your operating agreement or other formal organizational documents. Usually, it requires a vote by your members or shareholders. The dissolution procedure will probably also specify how the assets are to be distributed. In an LLC, assets are generally divided on a pro-rata basis, but your operating agreement may call for some other distribution method. If no procedure is specified by your LLC documents, then consult your Secretary of State or the corporation’s division of your state, who can provide you specific guidance based on state regulations.
The effective date of the dissolution is important, and the selection of the date may be based on constraints such as when you can liquidate assets. You may want to find a lawyer to help you analyze the factors outlined above, among others, and present the best options to the members. Remember that the vote may not be instantaneous or unanimous. If losses are involved, members may have differing opinions and demand more information. Getting a final vote can be a slow process.
Once the members or shareholders have voted, record the results in your formal meeting minutes.
One of the most important steps in dissolving an LLC is to properly notify your creditors. This is a formality and must be done in writing in order to limit your liability to them.
Finally,
Finally, when dissolving an LLC, file the proper paperwork with the Secretary of State or corporation’s division of your state. It’s usually not complex, but it’s a formality that you must attend to, and the effective date on the paperwork may provide a defense against debt or liability.
This article contains general legal information and does not contain legal advice, and it’s not intended to create an attorney-client relationship. ResIpsaLAw.com is not a law firm or a substitute for an attorney or law firm, and ResIpsaLaw.com is not a lawyer referral service. The law is complex and changes often. For legal advice, please consult with a licensed attorney in your jurisdiction.
Ninth U.S. Circuit Court of Appeals affirmed the dismissal of porn star Stephanie Clifford, aka Stormy Daniels’s defamation action against President Donald Trump.
The Ninth Circuit Court held that President Donald Trump’s tweet accusing her of a “con job” was merely constitutionally protected “rhetorical hyperbole.”
The decision signed by Chief Judge Sidney Thomas and Judge Kim Wardlaw, upheld an order by District Court Judge S. James Otero of the Central District of California granting Trump’s special motion to strike.
According to Stephanie Clifford, she had an affair with Trump in 2006; and in 2011, she agreed to provide information about her affair with President Donald Trump to Touch Magazine. According to her, a few weeks after her agreement with Touch Magazine, a man came up to her in a Las Vegas parking lot, made a threat against her daughter, and admonished Clifford:
“Leave Trump alone. Forget the story.”
A police sketch artist, with the help of Clifford, produced a likeness of the man who had purportedly threatened her, and on April 17, 2018, she released the rendering.
Trump followed with a tweet:
“A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!”
Trump’s tweet contained a graphic disseminated by Twitter user “Deplorably Scottish” which contained the sketch of the man in the parking lot next to a photo of Clifford with her ex-husband, Glendon Carter. There was a resemblance of the man to her former spouse.
| President Donald Trump’s April 18, 2018 tweet. The Ninth U.S. Circuit Court held that the president’s comments were not actionable. |
Sketch Artist
The Court held that the president’s tweet is not susceptible of a defamatory meaning. It explains:
“[C]iting the Black’s Law Dictionary definition of ‘confidence man.’ she argues that the use of the term ‘con job’ implied that she had literally committed the crime of fraud. But it would be clear to a reasonable reader that the tweet was not accusing Clifford of actually committing criminal activity….Instead, as used in this context, the term ‘con job’ could not be interpreted as anything more than a colorful expression of rhetorical hyperbole….Because the tweet could not reasonably be read as asserting that Ms. Clifford committed a crime, this theory of defamation is not viable.”
Clifford also asserted that the tweet implied she had lied about having been threatened.
“We agree that this is a reasonable interpretation of the tweet, but conclude that it is not actionable,” the opinion says, elaborating:
“Viewed through the eyes of an objectively reasonable reader, the tweet here reflects Mr. Trump’s opinion about the implications of the allegedly similar appearances of Ms. Clifford’s ex-husband and the man in the sketch. Mr. Trump’s reference to a ‘sketch years later of a nonexistent man’ signals that the allegedly defamatory conclusion that followed—that Ms. Clifford was pulling a ‘con job’ and ‘playing the Fake News Media for Fools’—plainly concerns the similarities between the sketch and the photograph of Ms. Clifford’s ex-husband. Because the tweet juxtaposing the two images was displayed immediately below Mr. Trump’s tweet, the reader was provided with the information underlying the allegedly defamatory statement and was free to draw his or her own conclusions. Moreover, the tweet does not imply any undisclosed facts. Accordingly, the tweet, read in context, was a non-actionable statement of opinion.”
As to her claim that the tweet implies she is lying about having had an affair with Trump, the Court held:
“[W]e do not believe the tweet could be reasonably read as addressing Ms. Clifford’s account of her relationship with Mr. Trump. The tweet did not reference the alleged relationship and instead focused on the sketch of the ostensibly ‘nonexistent man.’ This was plainly a reference to Ms. Clifford’s account of having been threatened by a man in a Las Vegas parking lot. It follows that the statement in the following sentence that Ms. Clifford was pulling a ‘con job’ and ‘playing the Fake News Media for Fools’ was referring to statements by Ms. Clifford about the alleged relationship.”
Clifford received $130,000 prior to the 2016 election for signing a nondisclosure agreement concerning the purported affair.
“Ms. Clifford has directed us to proceed to seek further review by the 9th Circuit, en banc. If that effort fails we will likely seek review by the Supreme Court.
Attorney Portal in Los Angeles Superior Court Expands to Small Claims Court, Collections, and Unlawful Detainer
Commencing August 3, 2020, Attorneys and individuals can schedule Audio or Video court appearances for hearings commencing on August 10, 2020, and thereon.
Remote appearances can be scheduled for up to 2 hours in advance of a hearing, using AttorneyPortal.com
up until 2 hours before the scheduled start time of the hearing. This change is effective July 8, 2020; previously, scheduling was cut off at 8 hours before a hearing.
You may schedule remote courtroom appearances for Unlawful Detainer and Collections cases in the following courthouses:
Michael D. Antonovich Antelope Valley, Chatsworth, Compton, Governor George Deukmejian (Long Beach), Inglewood, Stanley Mosk, Norwalk, Pasadena, Santa Monica, Van Nuys East, and West Covina.
You may also schedule remote appearances for Civil cases in these five Norwalk Departments:
SE-D; SE-E; SE-G; SE-H; and SE-R.
LACourtConnect provides the following benefits:
- Promotes convenience and choice through cost-effective audio and video options;
- Reduces the number of court visitors, which assists with social distancing protocols;
- Eliminates driving and parking costs; and
- Saves commute time to courthouses.
Court of Appeal Reinstates Ashley Judd’s Claims for Sexual Harassment against Harvey Weinstein
The Ninth U.S. Circuit Court of Appeals yesterday, reversed and overturned a District Court order that dismissed, with prejudice, Ashley Judd’s sexual harassment claim against Harvey Weinstein. The District Court dismissed Ashley Judd’s claims for sexual harassment on the ground that her relationship with Weinstein did not fall under California’s sexual harassment law. In its ruling, the District Court had ruled that California law in question, Civil Code §51.9, limits sexual harassment claims to specific business and fiduciary relationships.
The opinion, written by Circuit Judge Mary H. Murguia held that “nothing in the language of section 51.9 … requires a fiduciary relationship,” and “The relationship between Judd and Weinstein was characterized by a considerable imbalance of power substantially similar to the imbalances that characterize the enumerated relationships in section 51.9,” That is, by virtue of his professional position and influence as a top producer in Hollywood, Weinstein was uniquely situated to exercise coercive power or leverage over Judd, who was a young actor at the beginning of her career at the time of the alleged harassment.”
The opinion added that “nothing in the language of section 51.9 … requires a fiduciary relationship,” citing the 2009 decision by Div. Five of this district’s Court of Appeal in C.R. v. Tenet Healthcare Corp.
10 Things You Need to Do After a Car Accident
Over six million car accidents occur each year in the United States. Fortunately, most of them involve only property damage – damage to the vehicle as opposed to the occupants. But one in three accidents involve personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries.
If you are involved in an automobile accident, there are certain things you can do to protect yourself and your interests. The following is a list of the top ten things you should do if you are in an automobile accident:
1. STOP. Never drive away from the scene of an accident, even a minor one.
2. PROTECT THE SCENE. You can prevent further accidents by setting up flares, or keeping your flashers on. If it is dark and your lights don’t work, you should have a flashlight to keep you safe while you wait in your disabled car or by the side of the road.
3. CALL THE POLICE. Even if there are no serious injuries, it is a good idea to call the police. You may need a police report to file a claim with your insurance company, even if it is just to make a claim for damage to your vehicle. The vehicles involved in the accident should remain where they are, unless they interfere with traffic.
4. MAKE AN ACCURATE RECORD. When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well.
5. TAKE PICTURES. If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you have visible injuries, you should photograph them as well. However, you should in no way interfere with the on-going police investigation. If you cannot take pictures at the scene of the accident, take them as soon as possible after the accident.
6. EXCHANGE INFORMATION. Typically, the investigating police officer obtains this information. However, if the police do not respond to the accident, you should obtain the name, address and telephone number of all persons involved in the accident, drivers and passengers alike. You should also obtain information about insurance by asking to see the insurance card for all vehicles involved in the accident. If there are witnesses, you should get information from them as well so that you or your attorney can contact them in the future. If police respond to the accident, the investigating officer usually will provide all drivers with a police report number. You can use that number later to obtain the police report. If the accident occurs on a state highway, you must request the report from the state police.
7. REPORT THE ACCIDENT. Notify your insurance company as soon as possible. Many policies require immediate reporting and full cooperation. Find out if you have medical benefits as part of your insurance coverage. You pay extra for that type of coverage – known as “medpay” – so you should use it. In fact, if you have medpay coverage, you are required to submit your accident-related medical bills to your insurance company. Medpay coverage is primary for accident-related medical bills. Once medpay benefits are exhausted, private health insurance becomes your primary insurer. Medpay benefits are available to all the occupants of the vehicle. Your insurance rates should not increase as a result of submitting claims for medpay coverage.
8. SEEK MEDICAL ATTENTION. Often, injuries caused by motor vehicle accidents are not immediately apparent. Most of our clients report feeling the most pain a day or two following an automobile accident. Unless you are absolutely certain you were not injured, you should seek medical attention at your local emergency room or by seeing your family physician. Even in accidents involving minor impact, you can sustain a serious and permanent injury to your spinal cord. If you lost consciousness or were dazed for even a short period of time following the collision, you may have suffered a concussion or closed head injury. This can cause cognitive and behavioral changes if left untreated.
9. KEEP A FILE. Keep all your accident-related documents and information together. This information should include a claim number, the claim’s adjuster who is handling the claim, names and phone numbers of all contacts, receipts for a rental car and other expenses incurred as a result of the accident.
10. PROTECT YOUR RIGHTS. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries.
Terminating Probation Early
How to End Your Probation Early
California Penal Code section 1203.3 allows the Court discretion to Terminate Your Probation Early, ahead of schedule. There are many benefits to Terminating your Probation Early
Frequently Asked Questions
How Does Penal Code 1203.3 Help Me End My Probation Early?
According to Penal Code 1203.3(a), “The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.”
What does this mean? It means that the Court has the power at ANY TIME during probation to make changes to it or to terminate it completely. If you were placed on 5 years of summary probation, for example, you can convince the Judge to Terminate the Probation after 2.5 years. Every case is unique and your mileage will vary. It all depends on the reasons why you are seeking the Early Termination of Probation, and whether or not you have already complied with all of the requirements and conditions.
Judges approve petitions to Terminate Probation Early every day. Having a good legal argument is absolutely essential both on paper for the Judge to read and in person when you appear before the Judge and face opposition from the Probation Officer or District/City Attorney. It is highly recommended that you do not try this on your own.
How Do I Know I Am Eligible to End My Probation Early?
Penal Code 1203.3 allows Judges to Terminate Probation Early “At Any Time.” However, the truth is most judges will not be on board until at least halfway through your current probation term. So if you were on three years of probation, you would have to wait a year and a half before you can have a fighting chance to get it terminated early. The more time that passes after that point, the more likely it is you will have your petition granted.
Having a good attorney is key, because you need someone who is experienced and knows what the Judges are looking for so they feel comfortable with Terminating Your Probation Early.
How Do I Benefit When I Terminate My Probation Early?
For starters you are no longer on Probation. This means you do not have to deal with probation officers or fear that you will go to jail if you are found in violation of the terms of your probation.
The most important benefit of an Early Termination of Probation is that you are now eligible to Petition the Court to Expunge Your Criminal Record. You cannot Expunge Your Criminal Record when you are currently on Probation. Please read How Do I Expunge My Criminal Conviction for more information.
Additionally, once you Terminate Your Probation Early, you can petition the court to Reduce your Felony to a Misdemeanor or Misdemeanor to an Infraction. Please read How Do I Reduce My Felony Conviction to a Misdemeanor or How Do I Reduce My Misdemeanor Conviction to an Infraction for more information.
How to Reduce Felony Conviction to a Misdemeanor
California Penal Code section 17b gives Courts and Prosecutors the power to reduce a Felony Conviction to a Misdemeanor at ANY TIME before or after you are convicted. Reducing your felony conviction to a misdemeanor allows you to truthfully say you were never convicted of a felony. It also increases the chances of having the court expunge your conviction.
Society takes felony convictions very seriously. Whether you are applying for a job, a certain type of license through the state, or facing new criminal charges, having a felony conviction on your record will only make things worse.
Frequently Asked Questions
How Does Penal Code 17d Reduce My Felony Conviction to a Misdemeanor?
According to Penal Code 17d, “A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when:
(1) The prosecutor files a complaint charging the offense as an infraction, or;
(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.
How Do I Know I Am Eligible to Reduce My Misdemeanor Conviction to an Infraction?
Penal Code 17d refers to a list found in Penal Code 19.8, which lists the following crimes as Misdemeanors that can be Reduced to an Infraction:
- Penal Code 193.8 – Habitual Traffic Offender
- Penal Code 330 – Gaming Without a License
- Penal Code 415 – Disturbing the Peace
- Penal Code 485 – Theft or Appropriation of Lost Property
- Penal Code 490.7 – Unauthorized Taking of Newspapers
- Penal Code 532 – Claiming as a Decorated Veteran With Intent to Defraud
- Penal Code 555 – Entering or Remaining on Posted Property Without Permission
- Penal Code 602.13 – Entering an Animal Enclosure Without Permission
- Penal Code 602(n) – Trespassing on Property With Vehicle
- Penal Code 853.7 – Willful Violation of Written Promise to Appear
In 2010, the LAPD received an internal memo from the City to no longer charge these crimes as misdemeanors, and that if the police officer insisted to do so he must provide an extensive narrative explaining special circumstances as to why it should not be an infraction. The total number of misdemeanors is 91, and below is a partial list of some of those misdemeanors.
- Business and Professions Code 21672 – Knowingly selling unlicensed or counterfeit sports trading cards
- Business and Professions Code 25658(b) – Minor under 21 purchasing or consuming alcohol
- Business and Professions Code 25658.5 – Furnishing alcohol to minors
- Business and Professions Code 25611 – Advertisement of Alcohol Signs
- Business and Professions Code 25662 – Possession of Alcohol by a Minor
- Government Code 27204 – Attempting to Record an Un-recordable Form
- Vehicle Code 12500 – Driving without a license
- Vehicle Code 14601.1 – Driving on a Suspended License
- Vehicle Code 23109(c) – Exhibition of Speed
- Vehicle Code 27150.1 – Sale of Exhaust Systems
- Vehicle Code 40508 – Violation of Promise to Appear or Promise to Pay Fine
- Vehicle Code 42005 – Failing to Obey Court Ordered Traffic School
What if I am Still on Probation? Can I Reduce My Misdemeanor Conviction to an Infraction?
Yes you can. Penal Code 17d allows Judges and Prosecutors discretion to Reduce a Misdemeanor Conviction to an Infraction any time before, during, or after conviction. However, because it is at his or her discretion, you need to provide a very good argument to have your motion granted. They don’t just hand it out to anyone.
It can be done, if you are currently on probation for your misdemeanor conviction please read How Can I Terminate My Probation Early? for more information.
How Do I Benefit When I Reduce My Misdemeanor to an Infraction?
A reduction to an infraction de-criminalizes your conviction. This means you will not have a criminal record containing any misdemeanors or felonies. The infraction will still show up on your state criminal background check, but they will not show up in the U.S. Department of Justice criminal records. Employers and State Licensing Agencies will also look at infractions more leniently than misdemeanors. If you are in the military, you know very well that having a misdemeanor on your record would be disastrous to your career.
The benefits are clear and abundant.
Can Someone Help Me Reduce My Misdemeanor Conviction to an Infraction?
Yes, you do not have to do this alone.
California List Felony Wobblers
What is a Felony Wobbler? A very large percentage of felonies can be reduced to misdemeanors pursuant to Penal Code 17b. These types of felonies are known as “Wobblers.”
If you have a felony conviction that you want to reduce to a misdemeanor, be sure to read How To Reduce My Felony Conviction to a Misdemeanor for more information.
Below is an extensive list of Felony Wobblers in California.
Penal Code
32 Accessory after the fact to a felony
69 Resisting or deterring executive officer
71 Threat to injure school or public employees
72 False claim to public board or officer wit defraud
95 Influencing juror/referee/umpire
95.1 Threatening juror following verdict
96 Misconduct of jurors/referees/umpires
99 State printer conflict of interest
100 Collusion of state printer in fraud against state
148.10 Resisting officer and causing death or serious bodily injury
107 Escape of felon prisoner from training school/county hospital
115.1 Publishing campaign advertisement containing unauthorized signature
118.1 Peace officer filing a false report
136.1(a) Maliciously dissuade witness or victim from testimony
136.1(b) Dissuade witness to or victim of crime from making report
136.5 Possess deadly weapon wit dissuade witness from testimony
149 Assault or battery by police
166 (c)(4) Violation of protective order w/pc
166 (d) Purchase or receipt of firearm in violation of protective order
168 Disclosing warrant prior to execution
171b Bringing firearm, knife, or deadly weapon into courthouse
171b Bringing firearm, knife, or deadly weapon into state or local public building
171c Bringing loaded firearm into state office/capitol/legislative office
171d Bringing loaded firearm into res/grounds of governor/legis off/legislator
182(a)(1) Criminal conspiracy to commit felony (see underlying felony)
182(a)(2) Conspiracy to indict falsely
182(a)(3) Conspiracy to maintain false court action
182(a)(4) Conspiracy to cheat or defraud
182(a)(5) Conspiracy to obstruct justice
182.5 Criminal street gang conspiracy (see underlying felony)
186.22(a) Participation in criminal street gang activity
186.22(a) Participation in criminal street gang activity
186.22(b)(1) Committing misdemeanor while violating provisions against participating in criminal street gang
186.22(c) Committing felony/misdemeanor while violating provisions against participating in criminal street gang
186.22(d) Commission of wobbler in association with criminal street gang
186.26(a) Adult use of physical violence to coerce, induce, or solicit minor to participate in criminal street gang activity
186.26(b) Adult use of threats of physical violence on two or more occasions within 30-day period to coerce, induce, or solicit minor to participate in criminal street gang activity
186.28 Supplying or selling of firearm for use in commission of felony by criminal street gang member
192(c)(1) Vehicular manslaughter, w/o drugs or alcohol, but w/gross neg
192(c)(3) Vehicular manslaughter, w/drugs or alcohol, but w/o gross neg
192.5(a) Vessel manslaughter, w/o drugs or alcohol, but w/gross neg
192.5(c)(3) Vessel manslaughter, w/drugs or alcohol, but w/o gross neg
227 Dueling
231/227 Leaving state to duel/aid a duel
241.1 Assault on a custodial officer
241.4 Assault on school security patrol member
241.7 Assault on juror
243(c) Battery against peace officer/firefighter/paramedic w/injury
243(c)(1) Battery against custodial officer/firefighter/paramedic w/injury
243(c)(2) Battery against peace officer w/injury
243(d) Battery against person resulting in serious BI
243.3 Battery against public vehicle operator w/injury
243.4(a)-(d) Sexual battery
243.6 Battery against school employee w/injury
243.7 Battery against juror
243.9(a) Battery of peace officer or local detention facility employee by prisoner by gassing
244.5(b) Assault w/stun gun or taser
244.5(c) Assault w/stun gun or taser on peace officer/firefighter
245(a)(1) ADW other than firearm or assault w/force likely to produce GBI on person
245(a)(2) Assault with firearm 245.5(a) ADW other than firearm or assault w/force likely to produce GBI on school employee
245.5(b) ADW w/firearm on school employee
245.5(c) Assault w/stun gun or taser on school employee
246 Discharge firearm at inhabited dwelling, vehicle, or aircraft
247(b) Discharge firearm at unoccupied vehicle
247.5 Discharge laser at aircraft
261.5 Unlawful sexual intercourse
261.5(c) Unlawful sexual intercourse with minor more than 3 years younger than defendant
261.5(d) Unlawful sexual intercourse with minor under 16 by defendant over 21
262 Spousal rape
266 Seduction of minor for prostitution
266c Inducing commission of sexual act through false representation creating fear
267 Abduction of a minor for prostitution
270 Child neglect by person adjudicated as parent
271 Child abandonment
271a Willful abandonment or nonsupport of child under 14 years
273(c) Paying parent for adoption of child w/pc
273a(1) Willful cruelty to child
273a(a)(1) Willful cruelty to child
273a(a) Willful cruelty to child
273d Inflict traumatic injury on child
273d(a) Inflict traumatic injury on child
273.5 Inflict traumatic injury on spouse or cohabitant
273.5(a) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant
273.5(e) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of specified pc
273.5(e)(1) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of pc of Pen C 243(d), 243.4,
244,244.5,245 or 273.5(a)
273.5(e)(2) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of pc Pen C 243(e)
273.6(c) Violation of protective order w/pc
273.6(d) Violation of protective order w/pc
273.6(d) Violation of protective order w/pc
273.6(e) Violation of protective order resulting in physical injury w/pc
273.55 Inflict traumatic injury on spouse or cohabitant w/pc of specified assault
273.65(d0 Violation of protective order w/pc
273.65(e) Violation of protective order resulting in physical injury w/pc
276 Soliciting women to submit to illegal abortion
278 Child stealing
278.5 Child stealing in violation of custody order
280(b) Child concealment outside of state
283 Bigamy
284 Marrying spouse of another
286(b)(1) Sodomy, victim under 18 years
286(e) Sodomy in jail or prison
286(h) Sodomy, victim incompetent, both confined for mental disorder
288(c) Lewd & lascivious act w/child 14 or 15, def at least 10 yrs older
288(c)(1) Lewd and lascivious act w/child 14 or 15, def at least 10 yrs older
288(c)(2) Lewd and lascivious act by caretaker w/dependent adult
288.2 Distribution or exhibition of lewd material to minor
288.2(a) Distribution or exhibition of lewd material to minor
288.2(b) Distribution or exhibition of lewd material to minor by electronic mail/Internet
288a(b)(1) Oral copulation, victim under 18
288a(e) Oral copulation in jail or prison
288a(h) Oral copulation, victim incompetent, both confined for mental disorder
289(c) Sexual penetration w/foreign object, victim incompetent, both confined for mental disorder
289(c) Sexual penetration w/foreign or unknown object, victim incompetent, both confined for mental disorder
289(h) Sexual penetration w/foreign object, victim under 18
289(h) Sexual penetration w/foreign object, victim under 18
289.6(a)(2) Employee of public detention facility engaging in sexual activity (as defined in Pen C 289.6(d)(1)-(4)) with inmate
289.6(a)(3) Employee of Youth and Adult Correctional Agency engaging in sexual activity (as defined in Pen C 289.6(d)(1)-(4)) with inmate
290(g)(2) Failure to register w/2 prior convictions
290(g)(2) Failure to register by person convicted of designated sex offenses
290(g)(3) Failure to register by person convicted of a felony sex offense or w/pc
290(g)(5) Failure to register by sexually violent predator
290(g)(5) Failure to register by person adjudicated a sexually violent predator
299.5(g) Unlawful use or disclosure of offender forensic sample or DNA profile
311.1 Sale or distribution of obscene material depicting minors
311.2(d) Sale or distribution of obscene material depicting minor under 17 to minor under 18
311.2(d) Sale or distribution of obscene material depicting minor under 18 to minor under 18
311.10 Advertising obscene material depicting minor under 18
314(1) Indecent exposure after entering inhabited dwelling
332 Obtaining money or property by fraudulent game or trick
334(a) Concessioner fraud by hidden mechanical device
337a Pool selling or bookmaking
337b Corrupt sporting event/bribe player or participant
337c Accepting bribe to throw sport event
337d Bribing official of sport event
337e Official of sport event accepting bribe
337f(c) Racing drugged horse
337f(d) Racing horse under fictitious name or license
337i Transmitting race information for illegal gambling
337.3 Using name of official in touting
337.7 Use of illegal/forged credential or license in touting
347(b) Falsely reporting contamination of food/drink/medicine, etc.
350(a)(2) Manufacture, sale, or possession for sale of 1,000 or more counterfeit marks
350(a)(2) Manufacture, sale, or possession for sale of 1,000 or more counterfeit marks valued in excess of $400
350(b) Manufacture or sale of counterfeit mark w/pc
350(b) Manufacture, sale, or possession for sale of counterfeit mark w/pc
350(d)(1) Possession for sale of less than 100 counterfeit marks at location other than point of sale w/2 pc
350(d)(2) Possession for sale of 100 or more counterfeit marks at location other than point of sale w/pc
350(d)(30 Possession for sale of 1,000 or more counterfeit marks at location other than point of sale
367f Sale of human organs for transplantation
368(a0 Willful causing of pain to or suffering of dependent adult
368(b) Willful causing of pain to or suffering of dependent adult
368(c) Theft or embezzlement over $400 by caretaker of dependent adult
368(d) Theft or embezzlement over $400 of dependent adult
368(e) Theft or embezzlement over $400 by caretaker of dependent adult
374.2 Malicious discharge of harmful materials into public sewer w/pc
374.8 Unauthorized deposit of hazardous substances
382.5 Selling dinitrophenol
382.6 Selling certain chemicals as eyelash dye
387 Corporate criminal liability regarding disclosure of safety hazards
399(b) Owner or person having control allowing vicious animal at large resulting in serious bodily injury
399.5 Failure of owner to exercise ordinary care with dog that bites person
404.6(c) Inciting riot in state prison or county jail resulting in serious BI
417(b) Draw/exhibit loaded firearm in threatening manner on grounds of daycare center
417(b) Draw/exhibit loaded firearm in threatening manner on grounds of daycare center
417(c) Draw/exhibit firearm in a threatening manner in presence of po
417.1 Draw/exhibit firearm in threatening manner in reserve po’s presence
417.6 Inflict serious BI during violation of 417/417.1/417.8
422 Criminal threats of violence
422.7 Hate crime
452(a) Unlawful fire w/GBI
452(b) Unlawful fire of inhabited structure or property
452(c) Unlawful fire of structure or forest land
453(a) Possession of explosive/flammable material or device
453(a) Possess, manufacture, dispose of flammable material or incendiary device w/arson intent
453(b) Possess, manufacture or dispose of fire bomb
461(2) Burglary second degree
463(a) Burglary second degree during emergency resulting from earthquake, flood
463(a) Burglary second degree during emergency resulting from earthquake, flood, fire, riot, or other natural or manmade disaster
463(b) Grand theft during emergency resulting from earthquake or flood
463(b) Grand theft during emergency resulting from earthquake, flood, fire, riot, or other natural or manmade disaster
463(b) Grand theft, except grand theft of firearm, during emergency resulting from earthquake, flood, fire, riot, or other natural or unnatural disaster
470 Forgery
470a Forgery of driver’s license or identification cards
470b Possess/display forged driver’s license or identification card
471 Altering entries in books and records
472 Forgery of public and corporate seals
474 Sending false/forged message by phone/telegraph w/fraud intent
475 Passing or receiving forged bill/check/note
475a Fraudulent possession of completed check/money order, etc.
476 Making/passing/possessing fictitious bill/note/check
476a NSF checks
483.5(d) Manufacture, sale, or transport of deceptive identification document for fraudulent use
484b Diversion of over $1,000 in construction improvement loans
484e(a) Selling or transferring access card wit defraud
484e(b) Theft of access cards of four or more persons
484e(d) Acquiring access card information wit defraud
484g Using forged access card to obtain over $400
484g Using forged access card or altered access card account information to obtain over $400
484h Access card offenses by merchant over $400
484i(b) Counterfeiting access card
484i(b) Altering or modifying access card account information wit defraud
484i(c) Counterfeiting access card
487(1) Grand theft
487(2) Grand theft person
487(3) Grand theft, farm animal
487(3) Grand theft auto, farm animal
487(a) Grand theft money, labor, or property over $400
487(b)(1), (2) Grand theft agricultural or aquacultural products over $400
487(b)(3) Grand theft money, labor, or property of $400 or more by servant, agent, or employee
487(c) Grand theft person
487(d) Grand theft farm animal
487(d) Grand theft auto, farm animal
487a Grand theft carcass
487e Stealing dog valued at more than $400
487g Dog stealing for commercial use
487g Stealing/fraudulently obtaining any animal for commercial use
487h(a) Grand theft auto, trailer, special construction equipment, vessel
487h(a) Grand theft auto, trailer, special construction equipment, vessel
496(1) Receiving stolen property
496(a) Receiving stolen property
496(b) Receiving stolen property in excess of $400 by secondhand goods dealer
496(e) Attempted receiving stolen property
496(d) Attempted receiving stolen property
496a Junk dealer receiving property of utility company/railroad, etc.
496c Copying title information w/o consent of owner
496d Receiving stolen vehicle, trailer, or vessel
497 Bringing stolen or embezzled property into state
499(a) Joyriding w/1 pc of Pen C 487(d) or Veh C 10851
499(b) Joyriding w/2 pc of joyriding
499b.1(a) Joyriding w/prior conviction for auto theft
499b.1(b) Joyriding w/2 pc of joyriding
499c Theft of trade secrets
499d Theft of aircraft
502(d) Receiving money of $400 or more for transmittal to foreign countries
502(d) Computer-related crimes
502.5 Removal of structures from mortgaged realty w/o owner’s consent
502.7(a) Fraudulently avoiding charge for telephone or telegraph service over $400
502.7(a) Fraudulently avoiding charge for telephone or telegraph service
502.7(b) Use of instrument to avoid telephone or telegraph charge over $400
502.7(b) Use of instrument to avoid telephone or telegraph charge
502.7(d) Allowing fraudulent use of calling or credit card to obtain telecommunications service
502.7(g) Theft of telephone or telegraph services w/pc within 5 years
502.8(c) Possession of telecommunications device with intent to sell and avoid charge for service
502.8(d) Possession of illegal telecommunications equipment wit sell and avoid charge for service
503 Embezzlement
504 Embezzlement by public officer
504a Embezzlement of property held under lease
504b Debtor’s embezzlement by sale of mortgaged property
505 Embezzlement by carrier
506 Embezzlement by trustee
506b Violation of CC 2985.3-2985.4 re real estate sales
507 Embezzlement by tenant or bailee
508 Embezzlement by clerk or servant
524 Attempted extortion
529 Impersonation for fraud
530 Receiving money/property in assumed character
530.5 Using personal identifying information of another to obtain credit, good, services, or medical information
532 Obtain money/credit/property/labor by false pretense
532a(4) Making false financial statement
535 Illegal auction
537(a)(2) Defrauding innkeeper of more than $400
537e(a) Purchase/possess/sell integrated circuit e/removed/altered ID/ser. no. more than $400
538 Sale/dispose of mortgaged property
538.5 Fraudulent use of wire, radio, or TV transmissions
540 Stealing/forging/counterfeiting ration coupons
541 Sale/gift/transfer of forged/counterfeit ration coupons
542 Purchase/acquire forged or counterfeit ration coupons
549 Soliciting fraudulent insurance claims
550(a)(6)-(9) Defrauding health care provider of more than $400
550(b)(1)-(4) Preparing or making false oral or written statement in support of or opposition to insurance claim
550(b)(2) Defrauding health care provider of more than $400
551 Offering consideration for referrals to auto repair dealer or contractor w/pc
560 Issuing false documents of title
560.4 Issuing fraudulent duplicate document of title
566 Dairy equipment offenses over $400
570 Unlawful subleasing of motor vehicle
577 Issuing false bill of lading/receipt/voucher
578 Issuing fictitious warehouse receipts
580 Failure to show receipt is duplicate
581 Sale or pledge of property receipted for by carrier or warehouse
587 Injury to or obstruction of railroad tracks or bridges
591 Injury to telegraph/telephone/cable TV or other electric line
592(b) Taking water from canal, ditch, flume or reservoir w/pc
593 Interfering w/electric power line
593d(b) Manufacture or distribution of less than 10, or sale of less than 4, unauthorized video signal converter boxes w/pc
594(b)(1) Vandalism of $50,000 or more
594(b)(1) Vandalism of $400 or more
594(b)(2) Vandalism of $5,000 or more but less than $50,000
594.3(a) Vandalism of place of worship
594.3(a) Vandalism of place of worship or cemetery
594.35 Vandalism of mortuary; distributing or obstructing funeral service
594.4 Defacing, damaging, or contaminating property with noxious or caustic chemical or substance
594.7 Vandalism w/2 pc of vandalism
597 Cruelty to animals
600(a) Inflicting serious injury on police horse or dog
601 Trespass consisting of credible threat to cause serious bodily injury and unlawful entry onto property within 14 days of the threat
601 Trespass consisting of credible threat to cause serious bodily injury and unlawful entry onto property within 30 days of the threat
607 Injury or destruction of hydra-power equipment of $5,000 or more
620 Altering telegraph/telephone messages
621 Vandalism of law enforcement memorial or firefighter’s memorial
625b(b) Tampering w/aircraft
626.9(b) Possession of firearm within 1,000 feet of school grounds
626.10(a) Possession of weapon, not firearm, on public school grounds
626.10(a) Possession of weapon, not firearm, on public or private school grounds
626.10(b) Possession of weapon, not firearm, on public college grounds
626.10(b) Possession of weapon, not firearm, on public or private college grounds
626.95 Possessing firearms on grounds of playground or youth center
629.34 Violation of wiretapping laws
629.84 Violation of wiretapping laws
631 Wiretapping
632 Eavesdropping or recording confidential communication
632.5 Unlawful interception of cellular radio telephone communication
632.6 Unlawful interception of cordless telephone communication
632.7 Unlawful interception of and recordation of cellular radio or cordless telephone communication
634 Trespass to invade privacy
635 Mfg. or sale of eavesdropping devices
636(b) Nonelectronic eavesdropping on privileged conversation
637 Wrongful disclosure of telephone/telegraph communication
637.1 Wrongful disclosure of telephone/telegraph communication by employee
641.3 Commercial bribery where amount of bribe exceeds $1,000
642 Grand theft from corpse
646.9(a) Stalking
646.9(b) Stalking in violation of temporary restraining order or injunction
646.9(c) Stalking w/pc of stalking same victim within seven years
646.9(c)(1) Stalking w/pfc of Pen C 273.5, 273.6, or 422
647.6 Child molestation after entering inhabited dwelling without consent
653f(a) Soliciting commission of crime not murder
653f(d) Soliciting commission of drug offenses w/pc
653f(e) Soliciting commission of health care fraud under Welf & I C 14014 w/pc
653h(b) Illegal sound recording, transfer or transport of 1,000 or more articles
653h(c) Illegal sound recording, transfer or transport, w/pc
653h(d) Illegal sound recording for sale w/pc
666 Petty theft w/prior, grand, or auto theft, burglary, robbery, or felony receiving stolen property
666 Petty theft w/prior petty, grand, or auto theft, burglary,
carjacking, robbery, or felony receiving stolen property
1319.4 Failure to appear on a felony
1320(b) Willful failure to appear felony hearing, when released on OR
1320.5 Willful failure to appear felony hearing, when released on bail
1370.5 Escape from mental health facility
4011.7 Escape w/force or violence of misdemeanor prisoner from hospital
4131.5 Battery on non-inmate by county jail prisoner
4133 Escape from industrial farm
4501.1 Battery of peace officer or prison employee by prisoner by gassing
4532(a) Escape or attempt of misdemeanant from jail w/o force or violence
4532(b) Escape or attempt of felon from jail w/o force or violence
4532(b) Escape or attempt of felon from jail w/force or violence
4532(d) Failure of misdemeanant to return to jail subsequent to temporary release
4532(d) Failure of felon to return to jail subsequent to temporary release
4536 Escape or attempt of MDSO from state hospital, etc
4550(2) Rescue or attempt-prisoner convicted of noncapital crime
11411(b) Placing or displaying Nazi swastika on property of another on two or more occasions for purpose of terrorizing the property owner
14411(c) Cross-burning on property of another for purposes of terrorizing the property owner
11411(c) Cross-burning on private property of another or school property for purpose of terrorizing owner, student, or school employee
11418(d) Use of recombinant technology to create new pathogens for destructive purposes
11418.1 Mailing, sending, or causing to be sent a false or facsimile weapon of mass destruction, or placing or possessing such weapon and causing another person to be placed in sustained fear
11418.5 Threat of use of weapon of mass destruction resulting in isolation, quarantine, or decontamination
12020 Mfg., sake, possession of illegal weapon
12020 Mfg., sale, possession of illegal weapons or large-capacity magazines
12021(c) Possession of firearm within 10 years of certain misdemeanor convictions
12021(d) Possession of firearm in violation of condition of probation
12021(e) Possession of firearm by juvenile court ward before age of 30
12021(g) Purchasing/receiving firearm when subject to domestic violence restraining or protective order
12021.3 Possession of firearm within 10 years of misdemeanor conviction of Pen C 76 (threat of harm to government official)
12023 Carrying loaded firearm with intent to commit felony
12025(a) Carrying concealed firearm on person and pc of a narcotics offense or an offense against person or property
12025(a) Immediate possession or ready access to concealable firearm and ammunition or loaded concealable firearm, and defendant not registered owner
12025(b) Carrying concealed firearm on person w/o license and pc of a narcotics offense or an offense against person or property
12031(a) Carrying loaded firearm on person or in vehicle w/pc of a narcotics offense or an offense against person or property
12031(a) Carrying loaded firearm on person or in vehicle and defendant not registered owner
12031.5(a) Carrying loaded firearm on person or in vehicle in violation of Pen C 12031 w/pc
12034(b) Permitting another to discharge firearm from motor vehicle
12034(d) Discharging firearm from motor vehicle
12035(b)(1) Criminal storage of firearm in the first degree
12040 Carrying firearm in public while masked to hide identity
12072 Unlawful firearm transaction defined in Pen C 12072(g)(3) (A)-(F)
12072 Unlawful firearm transaction defined in Pen C 12072(g)(3) (A)-(H)
12072(a) Sale of firearm to addict or felons
12100 Sale of concealable firearm to minor w/pc
12100 Sale of concealable firearm to minor by addict, felon, or mental patient
12101 Possession of concealable firearm by minor w/pc
12220 Possession or sale of machine guns
12220(a) Possession or transport of machine gun
12220(b) Possession of assault weapon
12303 Possession of destructive device
12304 Second conviction for sale or transportation of fixed ammunition
12316(b) Possession of ammunition or reloaded ammunition by felon or mental patient
12320 Possession of metal-piercing ammunition
12321 Sale or transport of metal-piercing ammunition
12355(b) Possession of a booby trap
12403.7 Using tear gas other than in self-defense
12422 Alteration of identification on tear gas weapons
12520 Possession of firearm silencer
12560 Possession of firearm w/pfc-firearm
14166 Money laundering
Bus & Prof. Code
580 Sale of medical degree
581 Fraudulent procurement or alteration of medical diploma
582 Fraudulent use of medical diploma
583 False statement by medical license applicant
584 Impersonation during medical license examination
650 Accepting consideration for referring patients to clinic or lab
729 Sexual exploitation by psychotherapist w/pc
729 Sexual exploitation by physician or psychotherapist involving two or more victims
729 Sexual exploitation by physician, psychotherapist, or alcohol and drug abuse counselor involving two or more victims
729 Two or more acts of sexual exploitation by physician or psychotherapist involving single victim w/pc
729 Two or more acts of sexual exploitation by physician, psychotherapist, or alcohol and drug abuse counselor involving single victim w/pc
1282.3 Improper collection, storage, or labeling of biological specimen with willful or wanton disregard for safety
2052(a) Unauthorized practice of medicine
2052(b) Aiding or abetting another in the unauthorized practice of medicine
2053 Practice medicine w/o license/certificate
4324 Forgery of prescription
4390 Forgery of Prescription
6126(b0 Unauthorized practice of law by person disbarred or suspended from membership in the state bar
6126(c) Failure of member of State Bar or one who has resigned or been disbarred to comply with order of Supreme Court to comply with Cal Rules of Ct 955
6152 Unlawful solicitation w/pc
7026.10 Fraudulent use of contractor’s license number
7027.3 Fraudulent use of contractor’s license number
7028.16 Repairing structures damaged by a natural disaster without a contractor’s license
10238.6 Breach of trust by real property securities dealers
10250.56 Breach of trust by real property securities dealers
11010.1 Failure to notify real estate comm’r of intent to issue notes secured by property
11013.1 Sale or lease of property subject to blanket encumbrance
11013.2 Sale or lease of property subject to blanket encumbrance
11013.4 Sale or lease of property not subject to blanket encumbrance
11018.2 Sale or lease of property w/o public report
11019 Failure to cease and desist activities when ordered re prop sales
11022 False or misleading real estate advertising
17511.9 Fraudulent telephonic sales methods
22430(d) Manufacture, sale, or transport of deceptive identification document for fraudulent use
Commercial Code
892
Rent skimming, five or more acts
1695.8 Violations by equity purchasers
1812.116(b)-(c) Violations by discount buying organization
1812.217 Marketing plan sale fraud
2945.4 Unfair dealing by mortgage foreclosure consultant
2985.2 Encumbering unrecorded real estate contracts
2985.3 Appropriation by seller of buyer’s payment when payment by seller on
obligation secured by encumbrance on real property
Corporation Code
2255
Corporation agent falsifying/destroying records w/fraud intent
2256 Falsifying evidence used in investigating corporation affairs
6811 Fraudulent distribution by director of public benefit corporation
6812 Filing of false financial reports by director or officer of public benefit
corporation
6813 Fraudulent acquisition of corporate property by director or officer of
public benefit corporation
6814 Deception of public officer examining the organization of public benefit
corporation
8812 Fraudulent distribution by director of mutual benefit company
8813 Filing of false financial reports by director or officer of mutual benefit
corporation
8814 Fraudulent acquisition of corporate property by director or officer of
mutual benefit corporation
8815 Deception of public officer examining the organization of mutual benefit
corporation
12672 Fraudulent distribution by director of consumer cooperative corporation
12673 Filing of false financial reports by director or officer of consumer
cooperative corporation
12674 Fraudulent acquisition of corporate property by director or officer of
consumer cooperative corporation
12675 Deception of public officer examining the organization of consumer
cooperative corporation
22002 Corporation agent falsifying records
25110 Unlawful sale of securities
25120 Unlawful sale of securities
25130 Unlawful sale of securities
25164 Representing that qualification of document indicated verity
25166 Making false statements to commissioner
25210 Transacting securities w/o certificate
25214(a) Employing suspended securities agent
25216 Sale of security by fraudulent scheme by broker/dealer
25218 Violation of equity rules by broker/dealer
25230 Practicing by uncertified investment advisor
25232.2 Employing suspended/disqualified investment advisor
25234(a) Entering illegal investment advisory contract
25235 Defrauding client by investment advisor
25243 Misrepresenting certification as approval by commissioner
25245 Misrepresenting facts on report/application to commissioner
25246 Requiring spouse’s consent to transaction
25300(a) Advertising sale of security w/o filing
25400 Churning
25401 Sale or offer to sell security by misrepresentation
25402 Insider trading
25403 Sale or other to sell local authority obligation w/o consent
25404 Altering. Concealing, or falsifying entry in record wit impede, obstruct,
or influence enforcement of corporate securities law.
This list is for information purposes only, and may be outdated. Consult with an attorney to verify.
Reduce Felony Conviction to Misdemeanor
How to Reduce My Felony Conviction to a Misdemeanor
California Penal Code section 17b gives Courts and Prosecutors the power to reduce a Felony Conviction to a Misdemeanor at ANY TIME before or after you are convicted. Reducing your felony conviction to a misdemeanor allows you to truthfully say you were never convicted of a felony. It also increases the chances of having the court expunge your conviction.
Society takes felony convictions very seriously. Whether you are applying for a job, a certain type of license through the state, or facing new criminal charges, having a felony conviction on your record will only make things worse.
Frequently Asked Questions
How Does Penal Code 17b Reduce My Felony Conviction to a Misdemeanor?
According to Penal Code 17b, “When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:
(1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.
(2) When the court, upon committing the defendant to the Division of Juvenile Justice, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.
How Do I Know I Am Eligible to Reduce My Felony Conviction to a Misdemeanor?
Penal Code 17b basically says that the District Attorney and Judges can Reduce Your Felony to a Misdemeanor at any time before, during, or after your conviction. If you have a misdemeanor, there is also a chance you can reduce it to an Infraction. Please read How To Reduce My Misdemeanor to an Infraction for more information.
There are two Basic Requirements to reduce your felony to a misdemeanor:
- Your felony must be a “Wobbler”
- You must have been granted probation when you were convicted
A Wobbler is a special type of felony that can be reduced to a misdemeanor. The bad news about Wobblers is that not all felonies are Wobblers, but the good news is that most are. So there is a good chance that your felony can be reduced to a misdemeanor. Please read List of California Felony Wobblers to see if your felony conviction is eligible for reduction to a misdemeanor.
If you were not granted formal or summary probation for your conviction, then chances are you cannot reduce your felony to a misdemeanor. In other words, if you had to serve time in county jail or state prison, instead of having that sentence “stayed” by placing you on probation, your chances of reducing your felony conviction to a misdemeanor pursuant to Penal Code 17b are drastically reduced. Talking to an attorney is the best way to determine where you stand in your specific situation.
What if I am Still on Probation? Can I Reduce My Felony Conviction to a Misdemeanor?
Yes you can. Penal Code 17b allows Judges and Prosecutors discretion to Reduce a Felony Conviction to a Misdemeanor any time before, during, or after conviction. However, because it is at his or her discretion, you need to provide a very good argument to have your motion granted. They don’t just hand it out to anyone.
Furthermore, your best chances of having your petition granted is when your probation has expired..
It can be done, if you are currently on probation for your felony conviction please read How Can I Terminate My Probation Early? for more information.
How Do I Benefit When I Reduce My Felony Conviction to a Misdemeanor?
There are many benefits to Reducing Your Felony to a Misdemeanor.
- For starters, misdemeanors stand a much better chance when you are seeking to expunge your record. For more information, please read How Do I Expunge My Misdemeanor Conviction?
- If you reduce your felony to a misdemeanor, you can honestly say you were never convicted of a felony, and future employers cannot use that against you.
- You cannot serve on a jury as a convicted felon, but if you reduce your felony to a misdemeanor, you can reclaim that privilege.
- A Felony Conviction results in a Lifetime Ban on Firearms. Reducing your felony to a misdemeanor opens the door for more dialogue between the court and your attorney on getting your Gun Rights restored.
- You can obtain or maintain a professional license such as a Nursing License, Contractor’s License, Real Estate/Broker License, Engineering, etc.
- You can have peace of mind knowing you were never convicted of a felony
What Penalties Remain Even If I Reduce My Felony Conviction to a Misdemeanor?
Reducing your Felony to a Misdemeanor brings a lot of benefits, but there are some penalties that still carry over no matter what.
- If your felony was a strike (serious or violent felony), it will still be used against you a strike prior if you are arrested and charged for a future offense. With that said, your Reduced Felony cannot be used as a “prior felony” against you in the future.
- If you have an immigration matter or other issue with the U.S. Federal Court, your conviction can still be viewed as a felony even though it was reduced in State Court to a misdemeanor.
- State Licensing agencies may still consider your reduced misdemeanor to be a felony.
- If you were required to register as a sex offender pursuant to Penal Code 290, a reduction will not excuse from you.
What Does The Court Consider When Making Its Decision To Reduce My Felony to a Misdemeanor?
The Court considers the following factors when deciding whether to grant your petition to Reduce Your Felony to a Misdemeanor:
- The type of offense you were convicted of
- Whether you complied with the terms of your probation
- Whether you have any other priors in your criminal history
- Whether or not you were experiencing any hardship at the time
- Whether or not you have turned your life around and can prove it
- The specific facts of the case involving your conviction
- Whether or not you have shown clear signs of successful rehabilitation
- Whether or not having a felony instead of a misdemeanor will result in unfair, unnecessary, or excessive punishment.