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Reducing A Felony Conviction To A Misdemeanor: How A San Diego Attorney Can Help

A felony conviction can cast a long shadow, impacting your ability to vote, secure housing, find employment and obtain professional licenses. It also typically results in the loss of your right to own or possess a firearm. Many individuals accept a felony plea agreement initially for various reasons, such as aiming to avoid jail time. However, as years pass, the desire to remove this blemish from your record often grows, especially in today’s competitive job market. Sanitizing your record is key and The Law Offices of Mark Deniz APLC can help you explore reducing a felony conviction to a misdemeanor if your case is eligible. Contact our office at 858-429-9982 to discuss your options.

Understanding Felony Reduction In California: Penal Code Section 17(b)

In California, Penal Code Section 17(b) allows individuals convicted of certain felonies to petition the court to reduce the conviction to a misdemeanor. This legal provision is crucial for people trying to move on with their lives. The opportunity primarily applies when the original offense is a “wobbler” – a crime that prosecutors could have charged as either a misdemeanor or a felony. For a reduction to be considered, the defendant must typically have been granted and successfully completed probation.

Common examples of “wobbler” offenses that may qualify for reduction include (but are not limited to):

  • DUI with injury (e.g., VC 23153)
  • Domestic violence (e.g., PC 273.5)
  • Hit-and-run accidents with injury (e.g., VC 20001)
  • Embezzlement (e.g., PC 503)
  • Grand theft (e.g., PC 487)
  • Burglary (e.g., PC 459)
  • Making criminal threats (e.g., PC 422)

It’s important to understand that “straight felonies” – crimes that can only be prosecuted as felonies – are not eligible for this type of reduction. To determine if your specific conviction qualifies and to understand your potential remedies, it is advisable to consult with an experienced criminal law office like The Law Offices of Mark Deniz APLC at 858-429-9982.

How A Judge Decides On Felony Reduction

Simply being eligible is the first step; the final decision rests with a judge. For a felony to be reduced, a judge must find “good cause and in the interest of justice” to grant the request. In making this determination, the judge will consider several factors, including:

  • The specific facts and circumstances surrounding the original offense.
  • The defendant’s conduct and performance while on probation.
  • The defendant’s overall criminal history.
  • Any compelling reasons supporting the reduction, such as a potential job offer, educational pursuits or an upcoming background check that could be negatively impacted by the felony.

Given these considerations, presenting a well-prepared and persuasive argument to the court is crucial for a successful outcome.

The Path To Expungement: After A Felony Is Reduced

If the judge approves the reduction of your felony conviction to a misdemeanor, you may then be able to pursue an expungement under Penal Code Section 1203.4. While some felony convictions can be expunged directly, it is often critical to first reduce the felony to a misdemeanor before seeking expungement. This step can be instrumental in restoring certain rights.

Why Choose The Law Offices of Mark Deniz APLC?

Mark Deniz, a former prosecutor, leads The Law Offices of Mark Deniz APLC. His extensive experience on both sides of the courtroom provides a unique and valuable perspective to meticulously examine your case. He can help determine your eligibility and suitability for a felony reduction.

Our team is dedicated to helping you navigate this complex legal process and strive for the best possible outcome. We understand how crucial it is to move forward with your life after a conviction.

Start Rebuilding Your Future Today

If you’re seeking to reduce a felony to a misdemeanor in San Diego, The Law Offices of Mark Deniz APLC offers a free initial consultation. Allow our experienced lawyer to assess your situation and thoroughly discuss your legal options. To get the ball rolling and take the first step toward reducing charges, contact our San Diego office. You can reach us by sending an email or calling 858-429-9982.