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If you  or a loved on is facing criminal charges in Fresno or any other county in California, and after reading this article you have any quesions give us a call and we can help you 559 441-1418. 

 

Defendants who are convicted  of Fresno County offenses may faceb a wide variety of consequences.  People convicted of Felonies may have a hard time finding jobs even some housing may be affected.  Also, some state licensing agencies will not allow you to obtain certain State professional licenses.  And you will lose your right to own or possess a firearm.  

CAN CERTAIN FELONIES BE REDUCED TO A MISDEMEANOR?

If you are convicted of certain Felony offenses you may be eligible to have that Felony reduced to per Penal Code section 17b and possibly even expunged which would give you even more protection under the law. This is a critical step for people trying to move on with there lives.  

WHAT IS THE PROCESS? 

If we were your Attorney we petition the Court to reduce the Felony conviction to a Misdemeanor per 17 b.

WHAT IS PENAL CODE SECTION 17 B. 

Under Penal Code section 17b a person convicted of a Felony that could have been filed as a Misdemeanor is eligible to have the offense reduced per 17b, this is a so called "wobbler" offense.  

WHAT OFFENSES ARE CONSIDERED "WOBBLERS" 

The Felony you were convicted of must be one in the California Penal Code that is is one that could have been charged as a Felony or Misdemeanor.   And you must have been granted probation for this penal code section to be applicable.  

Burglary

Grand theft 487

Criminal Threats 422

And Spousal Battery 273.5

Felonies that can only be charged as a Felony are not reducable under this Penal Code.  

Under 17b a Felony can be reduced after the preliminary hearing or at the time of sentencing.  or even folowing a plea of guilty or no contest.  I have had Judges decide the reduce at all the above times and even at trial after the prosecution has presented there cases.  We asked the Judge to throw the case out under 1118 but instead the Judge reduced to a Misdemanor the cleint pled to the Misdemeanor and the case was over and the client was immediately released time served.  

EARLY TERMINATION OF PROBATION?

Yes the Judge can even reduce if you have completed all the terms and conditions of probation then the Judge can terminate probation and reduce to a Misdemenaor and then even expunge we have had this scenerior occur on at least two occasions.  

WHAT FACTORS DOES THE COURT CONSIDER IN GRANTING A REDUCTION?

In deciding whether to grant the reduction the court will take into consideration several factors including: The underlying facts of the offense, the defendant's performance on probation, the defendant's criminal history, and the circumstances that would support the misdemeanor reduction.  such as potential job offers or an upcoming background investigation where the reduction could help the person get the job and move on with their lives.  

THINGS A REDUCTION DOES NOT HELP WITH

If required to register you will still have to register, if you are given a strike then you will have have that strike on your record and there could be other consequences not releived as a result of getting the case reduced.  If after reading this article you are interested in possibly getting your conviction reduced then give us a call and we will see how we can help you get started.

We have helped many people move on with there lives and we can help you so give us a call 559-441-1418. 

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
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Fresno, CA 93704
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