How to Reduce a Felony to Misdemeanor?

We are commonly asked at our offices if it’s possible to reduce a felony conviction to a misdemeanor, and the answer is commonly yes. I say commonly because there are some limitations to the types of crimes that are eligible for such treatment. The two most important factors that determine if your crime is eligible are:

Was your offense a wobbler?
Was probation granted?

The first element requires that your crime was a wobbler. A wobbler is a crime that can be tried as both a felony and misdemeanor, this eliminates some sex related crimes and violent offenses. There are a plethora of wobblers in our system but here is a list of the most common:

The second element requires that you were granted probation and that your probation term was served successfully, meaning without any violations. If you were granted probation but then violated the terms of your probation then you are not eligible to have your felony conviction reduced to a misdemeanor.

When am I Eligible to Reduce my Felony Conviction?

You are eligible to have your conviction reduced upon the completion of your probation term. If you want to petition for an early termination of your probation you can contact an attorney who can petition on your behalf. In order to be eligible for early termination of your probation there must be good cause, such as:

Your probation is preventing you from advancing at your job
It is preventing you from obtaining employment
Qualifying for a loan

Furthermore, you must have successfully completed all the terms of your probation before a judge will grant early termination.

What Factors Determine Whether the Reduction Will be Granteed

Just because you successfully completed your probation term and your offense was a wobbler does not guarantee that your felony conviction will be reduced. There are several factors that the judge will explore before making the decision, namely:

Your criminal background
How quickly and efficiently you completed the terms of your probation
The facts of the case that led to your felony conviction
Your personal background

What are the Benefits/Drawbacks of Reducing a Felony Conviction?

The benefits of reducing a felony conviction to a misdemeanor are numerous. Firstly, you can honestly and truthfully say that you are not a convicted felon. You become more desirable for companies when seeking employment and you also become eligible for certain professional licenses that are only available to non-convicted felons. You are also able to serve on a jury and you might be able to have your California gun rights restored.

However, there are limitations as to what the reduction can do for you. Firstly, you will still be required to register as a sex offender in accordance to CA Penal Code 290[2]. Secondly, if your felony was for a serious or violent offense, a reduction will not erase the strike you received in accordance to California’s Three Strike’s Law. Next, not all state licensing agencies will consider the reduction to be official.

If you are a convicted felon and want to have your conviction reduced to a misdemeanor then it’s imperative to talk to a skilled attorney who knows the court system inside and out.

We Want to Help

If you or a loved one is being charged with a crime, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our office located in Los Angeles, or by phone. Our experienced and assiduous attorneys will be sure to fight until the end to reduce a felony to misdemeanor or drop your charges completely.

Call Us for a FREE Case Review: 213-932-8922

Yuliya Kelmansky has over 15 years of experience representing clients for a myriad of criminal matters and providing other valuable legal services.

California

How to Reduce a Felony to Misdemeanor