How to Petition for Reduction of a Felony Conviction to a Misdemeanor in California

In the state of California, individuals who have been convicted of certain felonies may have the opportunity to petition for a reduction of their conviction to a misdemeanor. This process, governed by Penal Code § 17(b), can have significant benefits, including restoring certain rights, improving employment prospects, and reducing the stigma of a felony record. Below, we outline the key steps and eligibility criteria for seeking this relief.


What is Penal Code 17(b)?

Penal Code § 17(b) allows individuals convicted of a “wobbler” offense—a crime that can be charged as either a felony or a misdemeanor—to request a reduction of their felony conviction to a misdemeanor. This law applies only to offenses that meet specific criteria and is at the discretion of the court.

felony conviction reduction at Tabibnia Law in Los Angeles, CA

Benefits of Reducing a Felony to a Misdemeanor

  • Restoration of Rights: A reduced conviction is no longer classified as a felony, which may restore certain rights, such as the ability to serve on a jury or own firearms (if not prohibited for other reasons).
  • Improved Job Prospects: Employers often conduct background checks, and a misdemeanor generally carries less stigma than a felony.
  • Enhanced Housing Opportunities: Many landlords prefer tenants without felony convictions.
  • Peace of Mind: A misdemeanor reduction can help individuals move forward with their lives without the burden of a felony record.

Steps to Petition for a Felony Reduction

  1. Review Your Conviction
    • Confirm that your offense is a wobbler and that you meet the eligibility criteria under Penal Code § 17(b).
  2. Gather Supporting Documentation
    • Collect records demonstrating your compliance with probation, evidence of rehabilitation, and any community service or educational achievements.
  3. File a Petition
    • File a formal petition with the court that sentenced you. Your attorney can assist in preparing the necessary paperwork and ensuring that all procedural requirements are met.
  4. Attend a Hearing
    • In most cases, the court will schedule a hearing. During the hearing, your attorney can argue on your behalf, presenting evidence to support the reduction.
  5. Await the Court’s Decision
    • The judge will consider the circumstances of your case and issue a ruling. If granted, the court will reclassify your felony as a misdemeanor.
See also  Petition for Early Termination of Probation

Why Hire an Attorney?

Navigating the process of a felony reduction can be complex, and having experienced legal representation increases your chances of success. An attorney can help:

When filling out the forms, make sure to:

  • Determine your eligibility
  • File accurate and persuasive petitions
  • Advocate on your behalf during court hearings

At Tabibnia Law, we specialize in post-conviction relief, including felony reductions under Penal Code § 17(b). Our skilled attorneys are dedicated to helping clients rebuild their lives and secure the best possible outcomes.


SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you believe you may qualify for a felony reduction, don’t wait to take action. Contact Tabibnia Law for a consultation to discuss your case and explore your options. Let us guide you through the process and help you move forward with confidence. Speak with Cyrus Tabibnia from Tabibnia Law Firm by calling (866) 713-2159 or submit a contact form here.

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Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license "#237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeleswho can assist you in clearing your criminal record in the state of California.

See also  Petition for Early Termination of Probation

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    Disclaimer: The content on this website, including blog posts, is for informational purposes only and does not constitute legal advice. Reading this site does not create an attorney-client relationship. For advice about your specific situation, please contact Tabibnia Law, APC directly.

    See also  Petition for Early Termination of Probation