Prop 47 – Resentencing or Sentence Reduction

ALERT – You may be eligible for resentencing or sentence reduction under the new Prop. 47 law (Penal Code 1170.18). Even those in prison are entitled to sentence reduction and/or release based on the new law effective November 5, 2015.

The following statutes are affected:

1. PC 459 – commercial burglary not exceeding $950 is now a misdemeanor called “Shoplifting.”

2. PC 470, 471, 472, 473, 475, 476, 484f, & 484i (forgery statutes) – are now misdemeanors, unless a defendant is also convicted of identity theft under PC 530.5

3. PC 476a – checks with nonsufficient funds not exceeding $950 if defendant does not have three or more priors for PC 470, 475, or 476.

4. PC 490.2 – Grand theft – obtaining property by theft not exceeding $950 is now considered petty theft and a misdemeanor.

5. PC 496 – Receiving stolen property is now a misdemeanor if the value of the property does not exceed $950.

6. PC 484/666 – Petty theft with a prior

7. H&S 11350, 11357a, 11377 – certain specified categories of drug possession are now misdemeanors

Disqualifying Priors

The above sentencing reductions to straight misdemeanors under Prop. 47 do not apply to those with one or more convictions for PC 667, subd. (e)(2)(C)(iv) which include several registerable sex offenses, homicide including attempt and solicitation, life in prison and death offenses; OR an offense requiring 290 registration.

Previously Convicted Persons/Resentencing

If a person is serving a sentence for any of the affected statutes, a person may petition for a recall of sentence before the trial court that entered the judgment of conviction. This recall of sentence will be granted unless the court finds that resentencing would pose an unreasonable risk of danger to public safety.

Please contact my office for a free consultation and review of your eligibility under the new law! 949-829-8184

 

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