Practice area – Prop 47 Reductions
Eligible for Prop 47 retroactive reduction?
Prop 47 (2014) reduced many felony drug and theft offenses to misdemeanors. The reduction is retroactive – old convictions can be redesignated as misdemeanors today.
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What you’re facing
Prop 47 (the Safe Neighborhoods and Schools Act, 2014) reduced specific drug possession and theft offenses to misdemeanors. The reduction applies (1) prospectively to new cases where the conduct fits the threshold, and (2) retroactively to old felony convictions via petition. Eligible offenses include: simple possession of controlled substances (HS 11350, 11357, 11377), petty theft (PC 484/488), grand theft under $950 (PC 487), shoplifting (PC 459.5), receiving stolen property under $950 (PC 496), forgery under $950 (PC 470), bad checks under $950 (PC 476a).
Defenses I build
Prop 47 work is procedural – identifying eligible convictions, filing petitions for retroactive reduction, addressing DA opposition (typically focused on value disputes for theft cases), and representation at any contested hearing. Successful Prop 47 reductions remove the felony from background checks, restore gun rights, and often qualify the conviction for additional relief like PC 1203.4 dismissal.
Prop 47 Case Results
Charged With
Case result available on consultation
Outcome
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Post-Conviction – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
Placeholder
Post-Conviction – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
Post-Conviction – Riverside Co.
Charged With
Case result available on consultation
Outcome
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Post-Conviction – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
Post-Conviction – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
Post-Conviction – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
Post-Conviction – Riverside Co.
Common Questions
What offenses does Prop 47 cover?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
How do I know if I am eligible?
Eligibility depends on three things: (1) was the offense one of those covered by Prop 47, (2) for theft-related offenses, was the value under $950, (3) do you have any disqualifying prior convictions (specifically certain registerable sex offenses or super-strikes like murder). Most defendants with eligible convictions qualify. The petition process is straightforward in non-contested cases.
Does Prop 47 still apply today?
Yes, Prop 47 remains in effect for both new cases and retroactive petitions. New eligible offenses are automatically charged as misdemeanors. Old felony convictions for the same offenses can be reduced via petition at any time – there is no statute of limitations on the petition. Recent legislative changes (like 2023 amendments addressing fentanyl) have modified the substance scope, but the core framework remains.
Prop 47 Eligible Offenses
These are the offenses Prop 47 reduced to misdemeanors:
Simple Drug Possession (HS 11350, 11357, 11377)
Reduced to misdemeanor regardless of quantity.
Petty Theft (PC 484/488)
Already misdemeanor; cleanup of priors.
Grand Theft Under $950 (PC 487)
Reduced to misdemeanor petty theft.
Shoplifting (PC 459.5)
New Prop 47 misdemeanor (entering store with intent to steal under $950).
Receiving Stolen Property (PC 496)
Under $950 – misdemeanor.
Forgery (PC 470)
Under $950 – misdemeanor.
Bad Checks (PC 476a)
Under $950 – misdemeanor.
Filing a Prop 47 Petition
Retroactive Prop 47 petitions follow a specific process:
- Identify the eligible conviction(s) on your record
- For theft offenses, document the value being under $950 at the time of the offense
- File the petition in the court where the original conviction occurred
- The DA has an opportunity to oppose (typically only on value disputes)
- If granted, the court issues an order redesignating the conviction as a misdemeanor
If you have a felony conviction for any of the Prop 47 eligible offenses, retroactive reduction is almost always available. The petition is straightforward in most cases and the effect is significant – felony off your record, gun rights restored, additional relief unlocked.