Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing. In California, it can be done through a Penal Code 17(b) motion. Reducing the offense has many benefits, and can help expunge the offense.
In most states, the 4 ways to reduce a felony conviction to a misdemeanor offense are to:
A criminal defense lawyer can help.
In some cases, you can get a felony charge reduced to a misdemeanor by pleading guilty to the lesser offense. This is called charge bargaining. The prosecutor has to agree to the plea deal. In exchange for the guilty plea to the misdemeanor, the district attorney will drop the felony charges.
This binding agreement is negotiated through the plea bargain process. This process can begin as early as the arraignment. Plea deals can be finalized at any point up to the trial.
Most criminal cases are resolved through plea bargaining. Prosecutors and the court system both want to resolve cases quickly. You benefit by knowing what your sentence will be, rather than going through the risks of a trial.
An example of reducing a felony offense to a misdemeanor is if you are charged with DUI causing injury (Vehicle Code 23153 VC). In California, this offense can be charged as a felony. If it is, pleading guilty to a “wet” reckless would reduce the offense to a misdemeanor.
Occasionally, you may be eligible to get a reduction in your charges by completing a diversion program.
Diversion programs are options early in the criminal justice process. Some are available even before you are charged. They divert you out of the criminal justice system and into rehabilitation services.
Different states and jurisdictions have different diversion programs. They tend to be for minor offenses and infractions like:
Some diversion programs require you to plead guilty. The judge will suspend the sentence. You then have to complete the terms of the diversion program. The terms of the program are designed to rehabilitate you. For example, a diversion program for a drug crime will often involve:
Successfully completing the program will lead to your charges being dropped or reduced.
Eligibility for diversion is strict, though. You generally must:
This strict eligibility makes it fairly rare for it to be available if you are charged with a felony. When it is an option, though, a criminal defense attorney from a reputable law firm may be able to help use diversion to reduce the offense to a misdemeanor.
Many states, including California, have a process for requesting courts to reduce a felony charge to a misdemeanor after probation is completed. This may only be an option for certain criminal offenses. Generally, you must have been sentenced to probation, without prison time.
If you are sentenced to probation, you have to follow the terms of your community supervision. While you will not be held behind bars, you still have to follow a long set of rules. Some of them can be quite strict. Those rules depend on the underlying conviction. Some common conditions of probation include:
In California, probation lasts 2 years for non-violent felonies. It lasts for 3 years for grand theft involving $25,000 or more.
Once probation has been completed, you can request a court to reduce your conviction from a felony to a misdemeanor. The process is different in each state. In California, it involves filing a 17(b) Motion.
Some misdemeanors become felonies with the addition of certain facts. By showing that those facts are not present, you can get your criminal charge reduced to a misdemeanor.
An example of how this works is with domestic violence law in California. Spousal battery (Penal Code 243 PC) is a misdemeanor. However, spousal battery causing corporal injuries (Penal Code 273.5 PC) is a wobbler. Wobblers can be charged as either a misdemeanor or as a felony. Prosecutors have discretion over which type of charge to file.
If the prosecutor files felony charges, you may be able to get them reduced to a misdemeanor by showing that the alleged victim did not suffer a corporal injury. The infliction of a corporal injury is what separates the misdemeanor from the wobbler offense.
There are numerous important benefits in getting a reduction. Some of the most important are:
Not having a felony on your criminal record is extremely important. Felonies are serious offenses. Potential employers will often refuse to hire you if a background check reveals that you are a convicted felon. Misdemeanors are far more likely to be overlooked or disregarded. The effect that this can have on your professional success, post-conviction, is significant.
Possibly. Each state’s expungement laws are different. Some states never allow convictions to be expunged, or sealed from view. Other states allow certain offenses to be expunged, but not others. In these states, misdemeanors are far more likely to be eligible for an expungement.
The best way to know whether you can expunge a criminal record is to establish an attorney-client relationship with a lawyer and get their legal advice.
In California, reducing a felony to a misdemeanor is different in a couple of ways.
California’s criminal law has 3 types of pretrial diversion programs:
Only mental health diversion is available for felony-level offenses. Courts can only approve pretrial diversion if all of the following conditions are met:
The reduction of a felony can also be obtained after felony probation. This requires a 17(b) motion. These motions are available as long as you:
The offense has to be a wobbler, not a “straight felony.”2 Eligible wobblers include offenses like:
17(b) motions can be filed at any of the following junctures in the process:
Courts hearing 17(b) motions will consider the following factors:
If successful, the judge will reduce your conviction from a felony to a misdemeanor.
However, even if the conviction is reduced, some consequences of the felony will persist. These include:
After the felony has been reduced to a misdemeanor, you may be able to pursue an expungement.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.