Drug and Criminal Defense in San Diego
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Does Prop 47 Apply to me?

Proposition 47 reduced felony drug possession and certain felony theft related charges to misdemeanors. Furthermore, for those that have already been sentenced for a felony offense that is now a misdemeanor under Prop 47, they may be eligible for resentencing.

California Penal Code Section 667(e)(2)(C)(iv), provides the basis for those that are not eligible for reduced sentencing under Prop 47.

If the person suffered a prior serious and/or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies, he or she is not eligible under Prop 47 for a reduced sentence.

(I) A "sexually violent offense" as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.

(II) Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than he or she as defined by Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than he or she as defined by Section 286, or sexual penetration with another person who is under 14 years of age, and who is more than 10 years younger than he or she, as defined by Section 289.

(III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288.

(IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive.

(V) Solicitation to commit murder as defined in Section 653f.

(VI) Assault with a machine gun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245.

(VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418.

(VIII) Any serious and/or violent felony offense punishable in California by life imprisonment or death.

If you would like to know if you are eligible for a misdemeanor or resentencing under Prop 47, please contact my office today, and I will provide a free, confidential consultation.

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