What is Proposition 47?

California voters approved Proposition 47 in 2014. Proposition 47 recategorized certain felonies as misdemeanors under California law. If you’re charged with either a misdemeanor or a felony in Southern California, contact an Orange County criminal defense lawyer at once.

Proposition 47 changed California felony sentencing in three important ways:

  1. Drug possession and theft charges: Certain felony drug possession and theft charges were recategorized as misdemeanors (except for defendants with certain previous convictions).
  2. Resentencing: Under Proposition 47, offenders who are serving sentences for felonies that are now considered misdemeanors may petition the court for resentencing.
  3. Reclassification: Offenders who have completed sentences for felonies that are now considered misdemeanors may petition the court to reclassify their felony convictions as misdemeanor convictions.

Is It Too Late to Take Advantage of Proposition 47?

The deadline to apply for resentencing or reclassification under Proposition 47 passed in 2022, but the court may consider your application “at a later date upon [a] showing of good cause.”

However, convicted offenders who have specific previous convictions, as well as those who are required to register as sex offenders, may be disqualified from resentencing or reclassification under Proposition 47.

If you missed the 2022 deadline, you’ll need to discuss a resentencing or reclassification petition with an Orange County criminal defense attorney, and you’ll need to get in touch with that attorney as quickly as possible.

Which Felonies Are Now Misdemeanors?

Proposition 47 recategorized the nonviolent offenses listed below as misdemeanors. Previously, these offenses had usually been charged as felonies in California:

  1.  shoplifting and grand theft when the value of the stolen property does not surpass $950
  2.  receiving stolen property when the value of that property does not surpass $950
  3.  forgery, fraud, and bad check writing when the value of the crime does not surpass $950
  4.  possession of most illegal drugs for personal use (under certain weight limits)

What Have Been the Results of Proposition 47?

Both supporters and opponents of Proposition 47 can produce statistical evidence in support of their positions. Proposition 47 has saved the state over $800 million by reducing jail and prison populations, savings that fund rehabilitation programs with high success rates.

What has undeniably changed under Proposition 47 is the likelihood of someone being arrested for stealing. According to the California Department of Justice, in 2013, about fifteen percent of reported thefts resulted in an arrest. By 2022, that figure had dropped to under seven percent.

Reported shoplifting incidents in California have actually declined from approximately 97,000 in 2014 to approximately 82,000 in 2022. But how or if Proposition 47 has actually affected criminal behavior is impossible to determine definitively.

Will Proposition 47 Be Changed?

In November 2024, voters in California may have an opportunity to reform Proposition 47. A referendum called the Homelessness, Drug Addiction, and Theft Reduction Act may be on the November ballot in California if the measure receives enough signatures.

Supporters believe that if it’s approved, the proposed referendum would:

  1. make repeat theft offenders once again accountable
  2. compel drug offenders to receive treatment
  3. target the fentanyl crisis

Among others, Governor Gavin Newsom has publicly stated that he does not support the proposed reforms to Proposition 47. In short, the results of Proposition 47 are mixed, and the law may or may not soon be changed.

When Should You Contact a Criminal Defense Lawyer?

If you’re charged with a drug or theft offense in Southern California, whether the charge is a felony or a misdemeanor, you’ll need the legal advice and effective representation that an Orange County criminal defense lawyer provides, and you’ll need to contact that lawyer immediately.

If you are placed under arrest, you must exercise your rights. At all times, whenever a police officer questions you, you have the right to remain silent – even if you have not been read your rights. If you are stopped in traffic, you may show the officer your license, registration, and insurance card, but you don’t have to answer the questions a police officer may ask.

You may simply say, “I prefer to remain silent,” and then say no more. After an arrest, you may tell the police, “I prefer not to answer questions until my lawyer can be present.”

What Will Your Defense Lawyer Do?

When an Orange County criminal defense attorney defends you on a felony or misdemeanor charge, that attorney will quickly begin to investigate what actually happened. Your attorney will scrutinize the evidence, speak to witnesses, and develop an aggressive, effective defense strategy.

To win a conviction, a prosecutor must prove your guilt “beyond a reasonable doubt.” Your own lawyer will cast doubt on the state’s case against you. In most cases, your defense attorney will seek to have the case dismissed or the charge dropped.

If these options are not available, a plea bargain may be offered in some cases. If you receive a plea bargain offer, discuss it with your attorney and consider it seriously. However, if you are not guilty, in most cases, you should insist on your right to a jury trial.

If the case goes to trial, your defense lawyer will explain to a jury what actually happened, why you are innocent, and why the jury should return a not guilty verdict.

Let Defense Attorney Diane C. Bass Advise and Represent You

If you are charged with any crime in Southern California, your finances, your future, and/or your freedom will be at stake. You must be represented by an attorney who has substantial experience and success defending those who face criminal charges.

Orange County defense attorney Diane C. Bass has more than twenty-five years of experience in both state and federal courts. She has prevailed on behalf of defendants accused of drug charges, theft charges, and a variety of other felonies and misdemeanors.

If you are charged with a crime – currently or in the future – or if you need resentencing or reclassification under Proposition 47, promptly call the offices of criminal defense attorney Diane C. Bass at 949-577-8368 to schedule an in-depth case evaluation with no obligation.