PROPOSITION 47

PROPOSITION 47

Proposition 47 reduced penalties for various offenders convicted of non violent property and drug crimes. The measure also allows certain offenders who have been previously convicted of non violent property and drug crimes to apply for reduced sentences. Certain non violent property and drug crimes will now be reduced from felonies or “wobblers” to misdemeanors. Certain offenders who have committed severe crimes in the past, may not be eligible. Prop 47 specifically reduces penalties for:

Drug Possession

Possession of an illicit drug may be charged as a misdemeanor or a felony depending on the type of drug. Under this proposition, these possession offenses will be misdemeanors. Even though differed entry of judgment will still be available for these drug offenders, these cases will no longer be filed as a felony regardless as to the type of drug.

Shoplifting

Shoplifting of property worth $950 or less is often charged as a petty theft misdemeanor. However, it can also be charged as burglary, which is a wobbler. Prop 47 makes shoplifting property worth $950 or less a misdemeanor, and cannot be charged as burglary.

Receiving Stolen Property

A person found with stolen property could be charged with receiving stolen property, which is a wobbler. However, under Prop 47, receiving stolen property worth $950 or less is a misdemeanor offense.

Writing Bad Checks

Writing back checks is generally a misdemeanor offense, but if the check is worth more than $450 it is a wobblers. Also an offender, who had previously committed a crime related to forgery, could also have been charged with a felony. Prop 47 makes it a misdemeanor to write a back check, unless the check is worth more than $950, or the offender had previously committed three forgery related crimes. In those situations, it will remain in a wobbler.

Check Forgery

Forging a check in any amount use to be a wobbler. However, forging a check worth $950 or less is now a misdemeanor under Prop 47. The only exception is if the offender commits indentity theft in connection with the forged check, then it remains a wobbler.

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