Practice area – PC 17(b) Reduction
Need to reduce a felony to a misdemeanor under PC 17(b)?
For wobbler convictions, PC 17(b) reduction converts a felony to a misdemeanor retroactively. Restores gun rights. Removes felony from background checks.
Available 24/7
What you’re facing
PC 17(b) allows the court to reduce a wobbler felony conviction to a misdemeanor at sentencing or any time afterward. The conviction becomes a misdemeanor for ALL purposes. It restores California firearm rights (in most cases). It removes felony from background check disclosures. It often qualifies you for additional relief like PC 1203.4 dismissal. Eligibility requires that the original charge was a wobbler – chargeable as misdemeanor or felony – and the offense was not charged or convicted as a felony only.
Defenses I build
PC 17(b) practice is procedural – confirming the offense was a wobbler, preparing the petition, demonstrating rehabilitation, and addressing any opposition. The court has discretion. Factors include: nature of the offense, defendant’s record since conviction, completion of probation, employment history, family situation, and the interests of justice.
PC 17(b) 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
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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 is a wobbler offense?
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.
Does 17(b) reduction restore my gun rights?
For California state purposes, yes – reduction to misdemeanor restores firearm rights under state law (unless other prohibitions apply like domestic violence convictions that trigger lifetime federal ban). For FEDERAL gun rights, the analysis is more complex – federal law treats convictions based on the original maximum penalty, not the reduction. Practically: PC 17(b) reduction restores gun rights under California law in most cases, and may help under federal law depending on the specific circumstances.
Can I get both 17(b) reduction AND 1203.4 dismissal?
Yes – and combining them is often the right strategy. PC 17(b) reduction converts the felony to misdemeanor; PC 1203.4 dismissal sets aside the conviction. Together they produce: misdemeanor on your record, dismissed, with the ability to answer “no” on most employment questions, restored California gun rights, and a much cleaner background check. We typically file them simultaneously or in close sequence depending on case specifics.
PC 17(b) Reduction Mechanics
PC 17(b) operates under specific rules and timing:
Wobbler Identification
Was the original charge a wobbler? Many common felonies are.
Sentencing Reduction
PC 17(b)(1) – reduction at original sentencing.
Post-Sentence Reduction
PC 17(b)(3) – reduction after probation completion.
Court Discretion
Judge weighs offense severity, rehabilitation, interests of justice.
Effect on Gun Rights
Restores California firearm rights; varies federally.
Effect on Background Checks
Removes “felony” – shows as misdemeanor.
Combined Relief
Often paired with PC 1203.4 dismissal for stronger effect.
Common Wobblers
Many drug offenses, theft, assault, ADW, fraud, vandalism over $400.
Common Wobbler Felonies That Qualify
Many of California most common felonies are wobblers and qualify for PC 17(b) reduction:
- Assault with a Deadly Weapon (PC 245) – misdemeanor reduction available
- Grand theft and possession of stolen property (PC 487, PC 496)
- Many drug possession offenses (Prop 47 may also apply)
- Forgery and check fraud (PC 470, PC 476)
- Some domestic violence offenses (PC 273.5)
- Vandalism with damage over $400 (PC 594)
- Burglary in the second degree (PC 459)
If your felony conviction was a wobbler, PC 17(b) is one of the most powerful post-conviction tools available. The reduction restores gun rights, removes felony from your record, and often opens the door to additional relief.