Legal Question in Criminal Law in California

reduce felony to misdemeanor with form 1203.4

Conviction was pen code 245 assualt with a weapon cause bodily injury. Completed one year home detention and 5 years of probabtion. No pending cases.

I am wondering if it requires two seperate process to reduce felony to misdemeanor?

I have the 1203.4 application form and about to make the petition. Is this form just for expungement only or it does also reduce the felony to misdeameanor at the same time.. Do I need to write a letter to specify for the felony to reduced to misdeameanor or just by completing the 1203.4 form will be ok?


Asked on 5/19/02, 12:35 am

2 Answers from Attorneys
David Diamond Diamond & Associates

Re: reduce felony to misdemeanor with form 1203.4

The expungement form does not apply to felony convictions. You cannot expunge a felony. It has to be brought down to a misdemeanor by reopening the case and having it brought down to a misdemeanor. It is not a simple process. Please contact our office at 310/277-1707 so that we can discuss your options in detail.

Sincerely,

Lawrence Wolf, Esq.

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Answered on 5/20/02, 12:53 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: reduce felony to misdemeanor with form 1203.4

A court order reducing the conviction should be obtained prior to having the conviction dismisses pursuant to PC section 1203.4.

The charge can be reduced to a misdemeanor only by a court order.

Penal code section 1203.4 applies to felonies as well as misdemeanors. Only those feloniew which can be charged as either a felony or a misdemeanor can be reduced pursuant ot pc 1203.4, assuming that the person was not sentenced to state prison, even if the prision sentence is suspended and the person is placed on probation.

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Answered on 5/21/02, 12:03 am


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