Legal Question in Criminal Law in California
Felony charge to be reduced to misdemeanor
What is necessary to have a felony charge reduced to a misdemeanor. Probation record of five years is clear. Original charge involved brandishing a handgun. Use of firearms has been forbidden. If charge is reduced can this person then go hunting using a rifle? License etc. all in order.
2 Answers from Attorneys
Re: Felony charge to be reduced to misdemeanor
In order for a felony to be reduced to a misdemeanor, the offense must have been a wobbler (ie., punishable as a felony or misdemeanor). Secondly, the person must not have served any prison time. If these provisions have been met, the court can be petitioned to reduce the charge.
If the court grants the reduction, the conviction is deemed a misdemeanor for all purposes. However, it depends on the conviction whether the person can possess a firearm. Certain misdemeanors forbid possession of a firearm for 10 years. Please call (800) 382-3100 for further assistance.
Re: Felony charge to be reduced to misdemeanor
As noted in the other attorney's answer, the
crime must have been one that is punishable both as
a felony or misdemeanor and you must not have been
sentenced to prison. You must file a petition with
the court that sentenced you requesting that the
offense be deemed a misdemeanor. In my experience,
virtually all judges will grant that request for
any person who has done well on probation and has
no currently pending cases.
However, and pay attention to this, if the case
is reduced to a misdemeanor, and even if it is not
one of those misdemeanors which pertain to gun
possession, IT IS STILL A FEDERAL CRIME TO POSSESS
ANY FIREARM. Federal law focuses on what sentence
you were exposed to at inital sentencing, not what
it later turned out to be. I have found this law
to be sporatically enforced and used mostly against
people that they want to get and can't get any
other way. Still, carry that rifle only at some
risk. You might want to have someone carry it for
you except when you have a deer in the sights.
Larry B. Bruce
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