If you or someone you know is facing the daunting reality of a felony conviction in San Diego, there is a glimmer of hope. The possibility of reducing a felony to a misdemeanor exists under certain conditions. This legal process can significantly impact your future, allowing you to reclaim rights and opportunities that may have been lost due to the felony conviction. For a free legal consultation regarding this matter, call our San Diego criminal defense lawyers today at (619) 430-2355.
Key Takeaways
• Felony reduction in San Diego is possible if your crime is a wobbler and you meet specific eligibility criteria.
• A Penal Code 17(b) motion allows reductions at sentencing or after probation completion.
• Hiring an experienced San Diego criminal defense attorney increases your chance of success.
• Reduction restores rights like voting and may improve employment prospects.
• A reduced felony can still impact licensing and gun rights, so legal guidance is crucial.
• Every case is unique — a free consultation with Sevens Legal can help you understand your options.
Reducing a felony conviction in San Diego can transform your life, opening doors to employment and housing and possibly even restoring lost rights such as firearm ownership. Understanding the legal framework and the steps involved in this process is crucial. In this article, we will delve into the details of how you can potentially reduce a felony to a misdemeanor in San Diego.
When Can You Reduce a Felony to a Misdemeanor in San Diego?
In California, not every felony is eligible for reduction. To qualify, the offense must be classified as a “wobbler”—a crime that the prosecutor can file as either a felony or misdemeanor depending on the circumstances and the defendant’s criminal history. Common examples include certain theft, assault, and drug offenses in San Diego.
Eligibility for felony reduction also depends on whether the individual was granted probation rather than a state prison sentence and has successfully completed all probation terms. If these conditions are met, the court has the discretion to reduce the charge to a misdemeanor. In San Diego, felony reduction can happen at several points in the criminal process, including:
• After the preliminary hearing
• At the sentencing phase
• Upon the completion of probation
Each stage offers a unique opportunity to pursue a reduction, but timing and strategy are critical. Consulting a San Diego criminal defense lawyer early in your case can improve your chances of success.
What Felony Crimes Are Eligible for Reduction in San Diego?
As noted above, only certain felony offenses in San Diego are eligible for reduction to a misdemeanor. Common examples of “wobblers” that may qualify for felony reduction include:
• Burglary
• Assault with a Deadly Weapon
• Criminal Threats
• Spousal Battery
• Drug Offenses
Our San Diego criminal defense lawyers can review your charges and advise whether you qualify for a reduction.
How a San Diego Criminal Defense Attorney Can Help Reduce Your Felony
Navigating the process of reducing a felony to a misdemeanor can be complex and challenging. This is where the expertise of a seasoned criminal defense lawyer comes into play. A knowledgeable lawyer can guide you through the process, ensuring that all necessary steps are taken to maximize your chances of a successful reduction. Here are several ways our criminal defense lawyers at Sevens Legal can assist you:
• Assessment of Eligibility: A lawyer can evaluate your case to determine if your felony qualifies as a wobbler and if you meet the requirements for a reduction.
• Filing the Motion: Preparing and filing the appropriate legal motions requires expertise. Our skilled criminal defense lawyers know how to craft a compelling argument for the court.
• Representation in Court: If a hearing is necessary, having a skilled attorney represent you can make a significant difference. We can present your case effectively, addressing any objections raised by the prosecution.
• Post-Reduction Guidance: Once a felony is reduced to a misdemeanor, you may still be eligible to petition for a California Penal Code § 1203.4 dismissal, which clears the conviction for most employment purposes but does not erase it from your criminal record. A lawyer can guide you through this process and assist with restoring any remaining rights.
San Diego Felony Reduction Insights from Criminal Defense Lawyer Ari Lieberman
In the video above, San Diego criminal defense attorney Ari Lieberman emphasizes the importance of understanding the implications of a felony conviction in San Diego. Ari explains that having a felony conviction on your record impacts far more than just sentencing—it can affect employment, housing, professional licensing, and even gun rights for years to come. He stresses that pursuing a felony reduction isn’t just about clearing your record but about restoring your future opportunities, which is why working with an experienced San Diego criminal defense lawyer is critical for success.
What Are the Legal Steps to Reduce a Felony in San Diego?
The legal steps involved in reducing a felony to a misdemeanor offense in California can be intricate, but they generally follow a structured process:
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Consultation with a San Diego Criminal Defense Attorney: The first step is to seek legal counsel to assess your case and determine eligibility.
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Preparation of the Motion: Your attorney will prepare a motion for reduction, outlining the reasons the court should grant your request.
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Filing the Motion: The motion must be filed with the appropriate court, along with any required documentation.
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Court Hearing: In some cases, a hearing may be necessary where both sides present their arguments.
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Awaiting the Court’s Decision: After the hearing, the judge will make a decision regarding the reduction.
Understanding each step in this process can help alleviate some of the stress associated with navigating the legal system and getting your felony reduced to a misdemeanor.
What is a Motion to Reduce to a Misdemeanor in California Called?
A motion to reduce a felony to a misdemeanor is a formal request made to the court asking for a change in the classification of the offense. This motion is based on California Penal Code § 17(b), which allows for the reduction of certain felonies under specific circumstances. When filing this motion, the applicant must demonstrate that:
• The felony in question is a wobbler.
• The individual has successfully completed probation.
A Penal Code 17(b) motion in San Diego serves as a pivotal step in the path toward reducing a felony conviction, and having a skilled attorney handle this process can significantly enhance the chances of success.
How the Judge Decides Whether to Grant a Felony Reduction
Judges have considerable discretion when it comes to granting felony reductions in California. Several factors are typically considered during this process, including:
• Nature of the Offense: The judge will assess the seriousness of the crime and its impact on victims and the community.
• Compliance with Probation: Successful completion of probation is a critical factor in the decision-making process.
• Criminal History: A clean record since the felony conviction can positively influence the judge’s decision.
• Personal Circumstances: The individual’s background, character, and reasons for seeking a reduction will also be taken into account.
Having a clear understanding of the factors the judge will consider can help you prepare your case more effectively when seeking a reduction.
How a Felony Reduction Impacts Your Criminal Record in San Diego
Reducing a felony to a misdemeanor can have profound implications for an individual’s criminal record. Once a felony is reduced, it is treated as a misdemeanor for all legal purposes. This means that:
• The individual can truthfully state they have never been convicted of a felony.
• The reduction may open up opportunities for a California Penal Code § 1203.4 dismissal.
• Rights that were lost due to the felony conviction, such as voting and firearm ownership, may be restored.
These benefits underscore the importance of pursuing a felony reduction in San Diego, as it can lead to a more favorable future.
Do Felonies Go Away After 7 Years in California?
In California, felony convictions do not automatically disappear after seven years or any set period. This is a common misconception. Criminal convictions—whether felonies or misdemeanors—remain on your record unless you take legal action to address them.
To minimize the impact of a felony, you must pursue a reduction to a misdemeanor, if eligible, or petition the court for a Penal Code § 1203.4 dismissal (commonly called expungement). This legal process clears the conviction for most employment purposes but does not erase it from your record. Navigating these steps is complex, making experienced legal guidance essential.
Free San Diego Criminal Defense Consultation
If you are considering pursuing a felony reduction in San Diego, it is essential to have experienced legal representation by your side. A skilled criminal defense attorney can provide invaluable guidance throughout the process, ensuring that your rights are protected and your chances of success are maximized. Our team at Sevens Legal is dedicated to helping individuals navigate the complexities of the legal system and achieve the best possible outcomes, and we offer a free legal consultation to discuss your case.
How to Contact Our Criminal Defense Attorneys
We understand the challenges you face when dealing with a felony conviction. Our team of dedicated San Diego criminal defense attorneys is here to help you explore your options for reducing a felony to a misdemeanor. To schedule a consultation, call us today at (619) 430-2355 or visit our website for more information.
FAQs About Can You Reduce a Felony to a Misdemeanor in San Diego?
Can I buy a gun if my felony was reduced to a misdemeanor in California?
In California, reducing a felony to a misdemeanor under Penal Code § 17(b) may restore certain rights, including the ability to purchase and possess a firearm. However, this is not guaranteed. If the original offense involved violence, domestic violence, or was firearm-related, you could still face state or federal restrictions on gun ownership. Additionally, some misdemeanor convictions carry their own firearm bans under California law.
How do I remove a felony from my record in California?
Removing a felony from your record in California requires legal action. If your offense is eligible, you may first seek a felony reduction to a misdemeanor under Penal Code § 17(b). Afterward, you can petition the court for a Penal Code § 1203.4 dismissal to clear the conviction from most background checks. This process is complex and best handled with the help of a knowledgeable criminal defense attorney.
How long does it take to reduce a felony to a misdemeanor in San Diego?
The process of reducing a felony to a misdemeanor in San Diego depends on several factors, including the complexity of your case, the court’s schedule, and whether the prosecution contests the motion. Generally, once your San Diego criminal defense attorney files a Penal Code §17(b) motion, it may take anywhere from a few weeks to several months for the court to review your case and schedule a hearing. Preparing strong supporting evidence can help streamline the process and improve your chances of success.
Can I reduce my felony after completing probation in San Diego?
Yes, completing probation is often one of the best times to pursue a felony reduction in San Diego. If your conviction was for a wobbler offense, meaning it could have been charged as either a felony or a misdemeanor, you may be eligible to file a Penal Code §17(b) motion to reduce the charge. Successfully completing probation demonstrates compliance with the court’s terms and strengthens your argument for reduction. Our San Diego criminal defense attorneys can review your case and guide you through the process to help restore your rights and improve your record.
Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every legal situation is unique, and the laws referenced may not apply to your specific circumstances. You should not act or rely on any information in this article without first consulting a qualified criminal defense attorney. To receive legal guidance tailored to your case, contact Sevens Legal for a confidential consultation.