Reducing a Felony Conviction to a Misdemeanor
A California felony conviction can be reduced to a misdemeanor if it is a felony that is referred to as a “wobbler.” The term “wobbler” is used to define crimes that can be charged as a felony or a misdemeanor at the beginning of a case.
If you are convicted of a felony that is a “wobbler” and your probation has expired, it may very well be capable of being reduced to a misdemeanor under certain circumstances. The process to reduce a felony to a misdemeanor is referred to as Penal Code 17b Motion and is generally accompanied by a Motion to Dismiss or an expungement of the newly created misdemeanor conviction.
A Penal Code 17b Motion to reduce a felony to a misdemeanor is discretionary with the court, and as such, requires some sophisticated work. If you have been convicted of a “wobbler” felony, then you are eligible for the filing of a 17b Motion to reduce the felony to a misdemeanor and the filing of a Motion to Dismiss of the newly created misdemeanor conviction.
Depending on the circumstances on an individual case, we may file a Motion to Dismiss or to expunge the misdemeanor conviction along with a Penal Code section 17b Motion. In some cases, we file the Motion to Dismiss after we acquire the reduction of the felony to a misdemeanor. A Motion to Dismiss or expunge a conviction is generally easier to accomplish than a Penal Code 17b Motion because under certain circumstances, a defendant is entitled to a dismissal/expungement of the charges if she/he satisfies several requirements.
Ronald Dinan & Associates has litigated hundreds of Penal Code 17b Motions and Penal Code 1203.4 Motions to Dismiss in Sonoma, Napa, Marin, Lake, Mendocino and Humboldt Counties.
If you feel that you may be eligible for one of these motions and would like to substantially improve your criminal record, don't hesitate to call us at:
You are eligible for a Penal Code 17b Motion to reduce a felony to a misdemeanor if:
- You are not currently being prosecuted for any other criminal case.
- You are not serving a sentence for any other criminal case.
- You are not on probation for any criminal case.
- You have successfully completed probation even if there were pr9ogblems during the course of probation.
- You were not sentenced to state prison on the “wobbler” felony but rather served any jail time in a local jail.
- You satisfied all of the requirements that the court imposed on you when you were put on probation including attending programs, paying fines, serving local jail time or jail alternatives, etc..