Yesterday a clear majority of California voters passed Proposition 47, the “Safe Neighborhoods and Schools Act.”
In a nutshell, here is what Prop 47 does to criminal law in California:
Prop 47 changes some California crimes from potential felonies to misdemeanors.
These crimes include:
- Grand theft auto and grand theft firearm IF the car or gun that is stolen is worth $950 or less;
- Check fraud if the bad check(s) are for $950 or less;
- Receiving stolen property where the property is worth $950 or less; and
- Possession of a controlled substance.
In addition, Prop 47 gets rid of the concept of petty theft with a prior.
Prop 47 does not apply if you have certain violent felonies or sex crimes on your record.
The reduced sentences under Proposition 47 will not apply to:
- defendants who have certain serious violent felonies on their record, or
- defendants who have been convicted of sex crimes that require them to register as a sex offender.
Prop 47 allows you to apply for resentencing if your sentence is affected by the new law.
If you are currently serving OR have completed a felony sentence for any of the crimes listed above, you can apply to have your conviction reduced to a misdemeanor–and your sentence reduced accordingly.
In short, Proposition 47 represents a welcome move in our state away from a mindless “tough on crime” approach. Our criminal defense attorneys are eager to help defendants and inmates understand their rights under the new law.
