Reduction of A Felony to A Misdemeanor

REDUCING A FELONY TO A MISDEMEANOR

  • Can a felony conviction be reduced to a misdemeanor?
    • Yes, certain types of felonies can be reduced to misdemeanors.
  • What will a reduction from a felony to a misdemeanor do for me?
    • Once declared a misdemeanor, the crime will be considered a misdemeanor "for all purposes."  There are certain exceptions see below.
    • A reduction from a felony to a misdemeanor prevents the prosecution from using the felony in a later arising event requiring a felony conviction, such as a felon-in-possession of a firearm offense.   
  • What will a reduction from a felony not do for me?
    • If the conviction was a strike under the Three Strikes Law it will remain a strike unless the reduction to a misdemeanor occurred at the time of the initial sentencing
    • The federal government can still consider the conviction a felony for purposes of its federal gun statutes. 
  • When can I request a felony be reduced to a misdemeanor?
    • While on probation.
    • After probation has expired.
    • After an expungement has occurred.