Reduce Felony to Misdemeanor - Penal Code 17(b) PC

California Penal Code 17(b) PC defines felonies and outlines the process by which defendants can reduce these offenses to misdemeanors. The law says that when an offense carries a potential prison sentence (felony), it can be reduced to a misdemeanor under certain circumstances.

A defendant is eligible to reduce a felony to a misdemeanor if they committed what is called a “wobbler” offense. A wobbler is a crime that can be charged as either a misdemeanor or a felony, depending on the circumstances. Section 17(b) also states that only those who have been granted probation for wobbler felonies can reduce their convictions to misdemeanors. 

For many defendants, the passing of Proposition 47 brought a significant sense of relief and hope. This proposition guarantees the reduction of all drug possession offenses and minor theft crimes from felonies to misdemeanors in the state of California.

While this process does not occur automatically, defendants can take comfort in the fact that they typically will not face any legal challenges when reducing felonies to misdemeanors, thanks to the guarantees outlined in Proposition 47.

What are the Steps to Reduce a Felony to a Misdemeanor?

If you are seeking to reduce your felony conviction to a misdemeanor, you will need to follow a series of steps. If eligible, your defense attorney can help you complete the following steps: 

  • Collect information about your felony conviction.
  • Identify the Superior Court that matches the jurisdiction of your conviction.
  • File a Petition for Reduction to Misdemeanor with the court.
  • If you have already been sentenced, you may need to attend a hearing.
  • Follow up with an expungement for the new misdemeanor. 

What Types of Crimes are Eligible?

In California, defendants can reduce a range of felonies to misdemeanors, including wobbler offenses, such as the following:

If you are unsure whether your conviction is eligible for reduction, rest assured that our criminal defense lawyers are here to provide a consultation and guide you through the process. 

Key Takeaways

  • Under California law, a 17b motion allows for a felony charge to be reclassified as a misdemeanor.
  • It only applies to wobblers that could have been originally charged as either a misdemeanor or a felony.
  • Examples of wobblers might include certain theft crimes, assault charges, or nonviolent drug-related offenses.
  • A defendant must have been granted probation for the felony offense, rather than being sentenced to state prison.
  • A 17(b) motion can be made at the preliminary hearing, at sentencing, or when felony probation is completed.
  • The process of filing a 17 b motion starts with preparing and filing the necessary paperwork with the court.
  • The district attorney and probation department must be notified, and then there is a court hearing.
  • Judges consider several factors, such as criminal history, nature of the crime, and behavior since conviction.

What Does PC 17(b) Say?

California Penal Code 17(b) PC says, "(a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor, except for those offenses classified as infractions.

(b) 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 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.

California Penal Code 17(b) PC

(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 arraignment or plea objects to the offense being made a misdemeanor. In this 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.

(c) When a defendant is committed to the Division of Juvenile Justice for a crime 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 not exceeding one year, the offense shall, upon the discharge of the defendant from the Division of Juvenile Justice, thereafter, be deemed a misdemeanor for all purposes.

(d) 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 in either of the following cases:

(1) The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time they are arraigned, after being informed of their rights, elects to have the case proceed as a misdemeanor.

(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.

(e) This section does not authorize a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.

(f) When the court exercises its discretion under this section, an unfulfilled order of restitution or a restitution fine shall not be grounds for denial of a request or application for reduction."

When Can You File a 17(b) Motion?

Your defense attorney can file a motion under PC 17(b) at various stages in the criminal case process. The right time to file depends on various factors, and your attorney can help you decide when it is most beneficial to your case, such as the following: 

  • Preliminary Hearing: A preliminary hearing occurs after an arrest and before a case is set for trial. During this stage, your attorney may file a 17b motion requesting that the charge be reduced before further proceedings.
  • Sentencing: A 17b motion be submitted at sentencing. This option may be pursued if a downward reduction in charges is deemed appropriate by the court at this specific stage.
  • Felony Probation: If the court grants probation instead of sentencing you to state prison, you may file a 17b motion upon successful completion of the probation term. 

What are the Eligibility Requirements? 

Certain requirements must be met for a PC 17(b) reduction, and courts have wide discretion when assessing these motions, such as the following: 

  • Wobbler Offense. The 17b motion only applies to wobbler offenses that can be prosecuted as either a felony or a misdemeanor. Straight felonies such as murder or certain sexual assaults are ineligible for reduction. 
  • Probation Must Be Granted. If the court grants probation instead of a prison term, you remain eligible for a reduction. At the preliminary hearing, the probation requirement does not yet apply as the case has not progressed to sentencing.
  • Court's Discretion. Judges consider several factors, including the details of the case, your criminal history, whether you complied with probation terms, and your likelihood of reoffending. 

How Can a 17b Motion Impact Your Future?

The benefits of having a felony reduced to a misdemeanor extend far beyond the courtroom. There are some key advantages to consider.

Many employers are hesitant to hire individuals with felony convictions, and a felony conviction can also render you ineligible to be hired in certain jobs. A successful 17b motion can help remove barriers to job opportunities and career advancement.

Landlords often conduct background checks, and some may deny housing to applicants with a felony record. Reclassification can make finding housing easier.

While a misdemeanor conviction may still carry consequences, it avoids some of the more severe restrictions associated with felonies. This includes potential restoration of gun ownership rights.

The stigma of a felony conviction can affect relationships, civic engagement, and overall quality of life. Having the charge classified as a misdemeanor can help mitigate these challenges.

For more information, contact our California criminal defense lawyers at the Hedding Law Firm, located in Los Angeles, CA.

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