San Diego Prop 47 Attorney | Resentencing under PC 1170.18
Proposition 47 reduces penalties for certain theft and drug crimes in California. Under California Penal Code 1170.18, crimes that were previously felonies or wobblers may now be reclassified as misdemeanors, except for gun rights restrictions. This change can reduce jail time and fines, and improve opportunities for employment, education, and licensing.
Penalties Under Prop 47
Generally, misdemeanors under Prop 47 carry a maximum penalty of:
- Up to one year in county jail
- And/or a fine of up to $1,000
Reducing a felony to a misdemeanor may also positively impact your job prospects, student loans, and professional licenses.
Eligibility for Resentencing
Individuals convicted of certain crimes may qualify for resentencing under PC 1170.18 if they meet the eligibility criteria. Eligible crimes include:
- HS 11350 – Possession of Cocaine or Heroin
- HS 11357(a) – Possession of Concentrated Cannabis
- HS 11377(a) – Possession of Methamphetamine
- PC 459 – Commercial Burglary
- PC 473 – Forgery
- PC 476a – Check Fraud
- PC 487 – Grand Theft
- PC 496 – Receiving Stolen Property
- PC 666 – Petty Theft / Shoplifting
To qualify, theft amounts must generally be under $950, and certain strike priors or PC 290(c) registration may affect eligibility.
What Happens After Resentencing?
- No filing fee is required for the petition.
- A court hearing may be scheduled if there is a question about eligibility. An attorney can represent you at this hearing.
- If the sentence is reduced while you are in custody, you may be released immediately if the new sentence is satisfied.
- Judges may impose probation or parole depending on the case.
- Resentencing improves opportunities for employment, education, and licensing, though firearm rights may remain restricted.
Contact a San Diego Prop 47 Attorney
If you or a loved one may be eligible for resentencing under Prop 47, contact our experienced San Diego Prop 47 attorneys at Lawstache Law Firm. We can discuss your options, guide you through the process, and handle any appellate issues related to your case.
Call (619) 357-6677 for a confidential consultation today.
Who is eligible for resentencing under Prop 47?
Individuals convicted of eligible theft and drug crimes under California law may qualify, provided they meet the eligibility criteria and have no disqualifying strike priors or PC 290(c) registration requirements.
Is there a filing fee for a resentencing petition?
No, there is no filing fee for submitting a resentencing petition under Proposition 47.
Will I need to appear in court?
A court hearing may be required if eligibility is in question. An attorney can represent you to ensure the best possible outcome.
How will resentencing affect my job, school, or licenses?
Having a conviction reduced to a misdemeanor generally improves employment, educational, and licensing opportunities, though gun rights may remain restricted.