A client with an extensive criminal history had a felony charge and misdemeanor drug charge case reduced to a simpler misdemeanor charge case. And thanks to the diligent and timely action of the criminal defense attorneys at S&B Legal, the client was granted probation. The case demonstrates the importance of having the right legal counsel to get a felony reduced to a misdemeanor charge and to obtain probation, even if the accused person has an extensive criminal history. It also shows that one may be eligible to have one’s criminal record expunged even with misdemeanor convictions.
Case Background
The client, along with several other individuals, were charged with various drug possession offenses under California Health and Safety Code Section 11377(A), which makes possession of methamphetamine and other controlled substances a crime.
Another crime he was charged with was owning a drug house, according to Section 11366 of the Health and Safety Code, which defines a drug house as any place used for the illegal sale, gift, or use of controlled substances; as well as Section 11351 of the Health and Safety Code, a legal section that considers possession of a controlled substance or product for sale as a punishable offense.
If personal consumption of controlled drugs is already considered sensitive, the legal panorama of a drug crime such as possession of a controlled substance for sale is even more complex and is usually punished more severely, with imprisonment of two to four years, or one year of prison plus probation and fines of up to $20,000. In the case of people without American citizenship, this serious crime can even affect the immigration status of the person involved and cause their deportation or being declared inadmissible.
The situation of the client in the case we used as an example was even more complex: the fact that he was identified as the “leader” of this operation with several associated drug crimes put him at risk of facing a long prison sentence for the felony and misdemeanor charges.
It is also worth remembering that under the Three Strikes law in California, if the accused has at least two previous convictions for serious crimes, then he can receive a much harsher sentence in his third sentence and this applies to drug crimes.
What counts as a felony?
A felony is a serious criminal offense that typically involves more severe consequences than a misdemeanor. Crimes classified as felonies usually carry significant penalties, such as imprisonment for more than one year, large fines, or both. Common examples of felonies include:
- Violent Crimes: Murder, manslaughter, aggravated assault, kidnapping, and rape.
- Drug Offenses: Trafficking, large-scale distribution, or manufacturing of illegal drugs.
- Property Crimes: Arson, burglary, grand theft, and fraud.
- White-Collar Crimes: Embezzlement, money laundering, and insider trading.
- Weapons Offenses: Unlawful possession or use of firearms, especially in the commission of another crime.
Felonies are generally classified by degrees or classes, with first-degree or Class A felonies being the most serious, while lower degrees (Class B, C, etc.) involve lesser penalties. The classification and penalties for felonies can vary depending on the jurisdiction.
Judicial process
The client was imprisoned while the fight for his case was being maintained in parallel and the defense did not throw in the towel: we worked hard to get the serious crimes for which he was accused to be reduced to a lesser crime despite the fact that the client had an extensive criminal record.
Can a misdemeanor be dropped? It is not easy to negotiate to reduce serious crime charges to a lesser crime, but it is not impossible either. In California, drug crimes are serious offenses that can carry, depending on the circumstances of the case and the type of drug involved, severe sentences. In fact, in the face of the national emergency over the distribution of fentanyl, new, more rigorous projects have had to be presented to confront this scourge.
However, having an experienced criminal defense attorney makes the difference in these cases. It is possible to achieve alternative sentences according to Proposition 36 – defendants charged with non-violent drug crimes are referred to treatment instead of going to prison – to benefit from Penal Code 1000 (a pre-trial diversion program for crimes of simple possession of drugs for personal use).
Other ways to reduce a felony drug conviction to a misdemeanor include:
- Taking a plea deal for a misdemeanor: Through a plea bargaining process, the defendant pleads guilty to the misdemeanor and the prosecutor drops the felony charges.
- Completing felony probation: After being sentenced to probation without jail time, you are supervised under a long list of rules, many of them strict. In drug cases, you may be required to undergo random drug testing.
- Proving that the facts supporting the felony charges are not present: A drug crime lawyer may argue that there is insufficient evidence, that the law was violated in the seizure and search procedures, that there were excesses in the police operation, or that you did not have knowledge of the drug or its nature.
Resolution and Consequences of the Felony Charge
Thanks to the competent advice of S&B Legal, the client, who was facing extensive drug charges, was released on the day of his plea and only had to plead guilty to a misdemeanor charge. A notable gain considering the initial scenario, under which a long prison stay was almost imminent.
In California, for a misdemeanor, the maximum penalty is no more than one year in county jail and a $1,000 fine. However, the client was granted probation, which entails complying – depending on the case – with certain conditions such as community service, house arrest, electronic monitoring, and participation in treatment programs.
Surely at this point, the question arises as to how long it takes for criminal records to be expunged in the United States, as well as whether criminal records are expunged on their own. Remember that even if you are convicted of a misdemeanor, this situation will generate a criminal record that can harm your ability to keep and find a job, acquire housing, obtain loans, limit your educational opportunities, and even lose the right to own or buy a firearm, among other restrictions.
In the case at hand as an example, the client will be eligible to expunge his criminal record after having successfully completed the probation program.
It should be noted that in California, Senate Bill 731 came into force in mid-2023, which allows citizens with even serious crime convictions to request that their criminal records be expunged. Who is eligible? Those applicants who have completed all their sentences, including probation, and who also have two years without a new arrest. You can consult this guide to clear your criminal record in California from the official website of the state courts for more information on the step-by-step instructions you must follow.
