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Reducing a Felony to a Misdemeanor

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Many felony charges and convictions may be reduced to misdemeanors. This is a process where a skilled criminal defense attorney may be of use to you. Contact us to discuss your case in a free and confidential initial consultation with Mr. Makler.

There are two requirements for a felony conviction in California to be reduced to a misdemeanor. The process is set out in California Penal Code 17(b).

First, the offense must be what is commonly refered to as a “wobbler.?Under California law, a wobbler is an offense that can be charged and punished as either a felony or a misdemeanor. The list of wobblers is numerous and varied, including such common crimes as burglary, assault with a deadly weapon, criminal threats, spousal battery and most fraud charges.

The second requirementis that the person convicted of the wobbler felony offense must have been granted probation. If probation was denied, and the person was sentenced to California State Prison, then they are not eligible for a reduction to a misdemeanor.

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