this is concerning the new prop47 law. got this from a lawyers website. they have specifically focussed on prop 47. Now what? If you have a previous conviction for a felony that falls under the listed crimes affected by Prop 47, you are eligible to have it reduced to a misdemeanor. If you are no longer under any sort of supervision (probation, parole, etc.), you are entitled to the reduction of your felony conviction to a misdemeanor. If you are still “serving” your sentence, it is not an automatic reduction, but the court must assess whether reducing you pose an “unreasonable risk of danger to public safety.” That means that the court must decide if you are at risk to commit a new violent felony (not just any felony). Does this impact firearm rights? There is a difference between a charge that is reduced vs. a charge that is reclassified. When the law changes to reclassify these listed crimes as misdemeanors, once the request to reclassify is granted by the court, the case becomes a misdemeanor for all purposes. The exception to that is when it comes to “felon in possession of a firearm” charges. This post-conviction reclassification pursuant to Prop 47 does not reinstate your right to own, use or possess a firearm. If you were previously convicted of an offense that was a “wobbler” that can be reduced to a misdemeanor, requesting that reduction (rather than reclassification) does truly make the case a misdemeanor for all purposes including felon in possession of a firearm statutes.
Posted on: Wed, 12 Nov 2014 17:34:18 +0000