Juvenile Felonies in California Reclassified, Sentences Reduced Under Proposition 47
After the passing of California’s Proposition 47, persons convicted of some types of nonviolent property and drug crimes were able to have the charges reclassified from felonies to misdemeanors. With this reclassification, criminal defense lawyers had the ability to petition on behalf of their client for shorter jail sentences and lowered fines. Due to the terminology of Proposition 47, a District Attorney in California’s second-most populated county argued that the reclassification would not apply to juvenile felonies. The DA stated that the terminology present in Proposition 47 was not used in cases brought against a minor and, therefore, only applied to adults convicted of or facing felony charges. A California Superior Court agreed with the DA in a February 2015 ruling.
Ruling Reversed—Juvenile Felonies Eligible for Reclassification
Under the State’s three strike law, juveniles face a greater possibility of being tried in adult court for subsequent felony charges. The ability to have a low-level felony reclassified could make a significant difference in the outcome of a charge against a minor. During a July 2015 appeal to the February 2015 ruling to exclude juvenile felonies from reclassification, the decision was overturned by the Fourth Appellate Court of Appeals. The Court cited that changes made to “an entire system of laws” affecting the criminal system would usually apply to juveniles, regardless of terminology used to refer to crimes, pleas and sentencing.
Criminal Defense Lawyers Petition for Juveniles
Penal code changes under Proposition 47 apply retroactively to applicable juvenile felonies, meaning criminal defense lawyers can now appeal to have a client’s previous conviction reclassified to a misdemeanor charge. Juveniles with a previous property crime charge, drug offense, or other nonviolent felony may be able to avoid harsh future sentencing by making an appeal for the reclassification of past convictions. To speak with an experienced criminal defense attorney about the reclassification of juvenile felonies in California, call now at (310) 277-1707, or go to our website: www.youareinnocent.com.
