In the California legal system, every criminal case presents unique challenges and complications. An illustrative example is that of a client charged with grand theft under California Penal Code Section 487(a), which involves the fraudulent appropriation of property worth more than $950. In this case, the value of the property exceeded $2,000, which initially led to felony charges, but what are the chances of getting a felony dropped to a misdemeanor? With the help of our criminal defense attorneys, we were able to make it happen.
Through complex and strategic negotiations, the charges were successfully reduced to a misdemeanor. Notably, this client was also facing a pending DUI charge, which further complicated his legal situation and may have influenced the resolution of his theft case.
Legal Background
In California, grand theft is defined under Penal Code Section 487(a). Grand theft is considered when the value of the property taken exceeds $950. This type of crime is classified as a felony, which carries more severe consequences compared to petty theft, including potential state prison sentences, higher fines, and a significant impact on the defendant’s criminal record.
What is a felony?
In the context of the California legal system, the term “felony” refers to a category of serious crimes that are distinguished by the severity of the penalties they carry. Here’s a more in-depth explanation of what a felony entails:
A felony is a serious crime that is punishable by more severe penalties than misdemeanors. Under California law, crimes are generally classified into three categories: infractions, misdemeanors, and felonies.
what are the chances of getting a felony dropped to a misdemeanor? Characteristics of a Felony in California
- The seriousness of the Crime:
- Felony crimes involve conduct that is considered extremely harmful or dangerous to society. This includes crimes such as murder, grand theft, rape, and drug trafficking.
- The value of the property stolen or the damage caused can influence whether a crime is classified as a felony. For example, property theft worth more than $950 is considered a felony.
- Associated Penalties:
- Penalties for felonies in California can include a lengthy prison sentence in a state jail, large fines, and other serious penalties.
- Specifically, a felony can result in more than a year in state jail. In contrast, misdemeanors are typically punishable by up to a year in county jail.
- Some felonies can carry a life sentence or, in very serious cases, the death penalty (although this is rarely applied and with many restrictions).
- Common Examples of Felonies:
- Homicide and Murder: The unlawful deprivation of another person’s life.
- Rape and Sexual Abuse: Non-consensual acts of sexual assault.
- Burglary: Unlawful entry into a property with the intent to commit a crime.
- Drug Trafficking: Distribution, sale, or transportation of large quantities of controlled substances.
- Grand Theft: Fraudulent appropriation of property with a value exceeding $950.
Impact of a Pending DUI on Criminal Charges
Having a pending DUI charge in California can complicate a person’s legal situation in several ways. Judges and prosecutors in California may view a pending DUI as indicative of a pattern of irresponsible or criminal behavior. This can influence decisions regarding bail, bail conditions, and willingness to reduce other charges. In some cases, the presence of multiple charges can limit defense options and complicate negotiations for a favorable resolution.
Charges Reduction
Can a felony be reduced to a misdemeanor? Reducing charges from a felony to a misdemeanor is a process that can be accomplished through competent legal advocacy and effective negotiation strategies. In the case mentioned, the reduction of charges was the result of arduous negotiations that allowed the client to take responsibility for the crime while benefiting from a significant decrease in the severity of the charges.
Process and Circumstances
In California, the reduction of charges from a felony to a misdemeanor (known as a “wobbler” in California law) can depend on several factors, including:
- The nature of the crime and the specific circumstances of the case.
- The defendant’s lack of a significant criminal history.
- The defendant’s cooperative attitude during the court process.
- The defendant’s willingness to restitute or compensate the victim for stolen property.
For example, in past cases, judges have considered reducing charges when the defendant has shown a clear commitment to rehabilitation and restitution. In situations where stolen property has been recovered or the defendant has made a significant effort to compensate the victim, prosecutors and judges may be more inclined to reduce charges.
Consequences and Considerations
Reducing charges from a felony to a misdemeanor in California can have multiple benefits for the defendant. Key consequences include:
- Avoiding state prison time: Instead of facing a state prison sentence, the defendant may receive probation or a county jail sentence.
- Opportunity to clear record: After complying with probation and other court-imposed conditions, the defendant may apply to have the conviction expunged from his or her record under California Penal Code Section 1203.4.
- Long-term impacts: In the long term, although reducing charges significantly improves the immediate situation, the defendant must comply with all conditions of the agreement to avoid additional consequences. Having the conviction expunged may make it easier to seek employment and other opportunities, although certain arrest records may persist.
Conclusion
This case underscores the importance of understanding the legal implications and options in the California court system. Reduce felony to misdemeanor can offer a second chance at rehabilitation and reintegration, but it also comes with significant commitments and the need to meet strict conditions.
Facing multiple charges, such as grand theft offenses and a pending DUI, increases complexity and highlights the need for a knowledgeable and effective legal defense to properly navigate the court process and seek the best possible outcome.
Frequently Asked Questions
How can a pending DUI charge affect my other criminal cases?
In California, a pending DUI charge can influence court and prosecutorial decisions in other criminal cases because it can be seen as a pattern of criminal behavior. This can affect plea bargaining and conditions imposed during the court process.
How often do felonies get reduced?
The frequency of felony reductions depends on several factors, including the jurisdiction, the specifics of the crime, the defendant’s criminal history, and the quality of legal representation. Felonies can be reduced to misdemeanors through various legal processes, such as plea bargains, diversion programs, or post-conviction relief, like expungement or reclassification.
In some cases, a reduction happens during plea negotiations where the defendant agrees to plead guilty to a lesser charge. Other jurisdictions offer specific programs, like California’s Prop 47, which allows certain non-violent felonies to be reclassified as misdemeanors under particular conditions.
While exact statistics are hard to pinpoint and vary by location, reductions are most common for non-violent, first-time offenders, or in cases where the crime was less severe.
Can I clear my record after my charges have been reduced to misdemeanors in California?
Yes, in California, once you comply with all court conditions and complete probation, you can apply to have the conviction expunged from your criminal record under California Penal Code Section 1203.4. This can significantly help you in social and employment reintegration.
If you have further questions or need legal advice regarding your specific situation, it is recommended to consult with a California criminal law attorney.
What is a 3rd Degree Felony?
In the United States judicial system, the term “third-degree felony” is used in some jurisdictions to describe a category of serious crimes that are less severe compared to first and second-degree felonies. However, it is important to note that California does not use a “degree” classification system for felonies.
How long does it take to expunge a felony in California?
In California, the removal or reduction of a felony from the criminal record, also known as “expungement” or “dismissal,” is a process that can offer a second chance to those who have been convicted of crimes. However, this process is not automatic and has specific requirements.
