Legal Question in Criminal Law in California

Re: Reducing Felony to Misdemeanor

Before applying for a dismissal of your criminal case under PC 1203.4, you should move to reduce your felony receiving stolen property conviction (PC 496) to a misdemeanor. PC 496 is a "wobbler" meaning that it is chargeable either as a felony or misdemeanor. The court has discretion to reduce the conviction to a misdemeanor under PC 17(b).

You state that you served four months in the case. If that time was served in county jail, it is probably already considered to be a misdemeanor (see PC 17(b)(1)). In any event, you should file a written application under PC 17(b) for reduction in the court in which you were sentenced and give the prosecutor at least 15 days' notice. You can also file your PC 1203.4 application, requesting that the charge be reduced first and then dismissed. You are entitled to PC 1203.4 relief if you met the test set forth in that section. There is a form available at the clerk's office, and there may be a filing fee.

Please note that even if the relief is granted the conviction may still be used against you as a prior in any other criminal case, may be considered under some circumstances to deny a state license, may prohibit you from possessing a firearm, and may be used for immigration purposes. Good luck. Christopher Melcher