Reduction from Felony to Misdemeanor Under Proposition 47
Effective Legal Service Serving the Palm Desert
Proposition 47 requires that defendants be sentenced to misdemeanors (instead of felonies) for “non-serious, nonviolent crimes” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This law is also retroactive, so it also requires that anyone currently serving a sentence for a felony of the included offenses (without prior serious or violent offenses) be resentenced to a misdemeanor. the Law Offices of Anastacio De La Cruz can help you explore this option.
Call (760) 610-0606 now or contact an Indio Proposition 47 lawyer online for a consultation.
Do You Qualify?
Under Proposition 47, the following crimes are now solely misdemeanors:
- Penal Code Section 484: Shoplifting, or Attempted Shoplifting, where the value of property stolen does not exceed $950
- Penal Code Section 487: Grand theft, where the value of the stolen property does not exceed $950
- Penal Code Section 496: Receiving stolen property, where the value of the property does not exceed $950
- Penal Code §470-476: Forgery, where the value of forged check, bond or bill does not exceed $950
- Penal Code §476a: Fraud, or Writing a bad check, where the value of the fraudulent check, draft or order does not exceed $950
- Health & Safety Code Section 11377: Possession of Methamphetamine
- Health & Safety Code Section 11350: Possession of Controlled Substance
- Health & Safety Code §11357(a): Possession of Concentrated Cannabis
If you pleaded guilty to any of these offenses and believe that it should be reclassified as a misdemeanor, it is important that you hire an attorney experienced in post conviction relief to help determine whether filing a motion to reclassify/resentence under Proposition 47 might be appropriate.
True Example of Successfully Using Proposition 47 Reclassification
Mr. Brown was in immigration custody based on numerous alcohol-related offenses, as well a felony charge for theft of a vehicle. Due to the sentence, Mr. Brown was deemed to be mandatory deportation under federal (immigration) law.
Mr. De La Cruz was hired for post conviction relief and filed for 1473.7 relief, alleging ineffective assistance of counsel. As the proceedings progressed over a number of months, a new appellate case was decided holding that vehicle theft fell within the gambit of Proposition 47. After seeking the help of an expert witness, it was determined that the specific vehicle in question had a value of under $950.
Mr. De La Cruz then withdrew the Penal Code 1473.7 motion once the prosecution agreed not to oppose the Proposition 47 reclassification. The trial judge reclassified the felony to a misdemeanor with a 364-day maximum sentence. As such, Mr.Brown was then no longer deportable and is now living legally with his father and siblings in the United States.
Learn more about reducing the charges against you by calling (760) 610-0606 today.
5-Star Reviews
Keeping Families Together One Case at a Time
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Mr Anastacio De La Cruz has been nothing but a blessing for my family, he took my son case and handled it with care and puts a lots of effort into delivering the best results we could ever ask for, forever thankful that we got referred by another client of him- Esmeralda Q-Shayne
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Working with Anastacio De La Cruz was a pleasure, all the staff in the office were truly helpful.He recently helped my dad out with getting his cases dismissed. He has truly given my father a second chance to regain his family. They were always on top of their game, with our case always advicing us what was the right thing to do.- Tomas Quintero
Once again Thankyou Anastacio for being an awesome lawyer, continue helping those who are in need. -
Hello everyone I would like to take the time to appreciate and thank Anastacio de la Cruz and his people for everything he has done for me, to give me another opportunity in life to do well and become a better person. There’s no words to describe his hard work. He’s definitely a lawyer I’d 100% recommend to anyone who needs help of any sort . He will do the best of his ability and won’t give up.- Ulysses Almanza
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Thanks to the lawyer Anastacio de la Cruz for helping me fight my criminal case in court and being able to eliminate all the charges that were brought against me, I recommend him, he is a very good lawyer 👍- Eulises Card
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I highly recommend law offices of ANASTACIO DE La Cruz. He went above and beyond with his services he handled my restraining order case he got it dismissed.- Juan Osorio
Also his staff was very friendly and helpful they answered all my questions and concerns. His prices are the cheapest out there I highly recommend anastacio de la Cruz!!!! -
I hired Mr.De La Cruz when I found myself needing some serious legal help. I had multiple cases on my plate at the time. As a single mother, it was almost impossible to juggle working full time, attending school, on top of having to be in court. Mr.De La Cruz went above and beyond in assisting me and my legal short comings. He treated me with the utmost respect. While having Mr. DLC on my team I was able to continue life stress free! Thank you Anastacio for all you’ve done for me! I couldn’t have done it without you! You are one of the BEST if not THE best attorney this valley has to offer.- Bianca Acuna
