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Self Help Services
Self Help Services

Alameda County Superior Court
Criminal Court Self Help -
Reduction of a Felony to a Misdemeanor
PC §17(b)(3)

Certain felonies can be charged as either a felony or a misdemeanor. If you are placed on felony probation for one of these offenses (i.e. felony/misdemeanor), the court may later reduce the felony to a misdemeanor under Penal Code §17(b)(3).

If the court grants a motion to reduce your offense to a misdemeanor under PC §17(b)(3), the crime becomes a misdemeanor “for all purposes.”

Exceptions:

¤The conviction remains a strike under the “Three Strikes” law. PC §667(d)(1), §1170.12(b)(1).
¤ You may still be convicted of the felony offense of ex-felon in possession of a gun.
¤ The federal government may still consider your original conviction a felony under its gun possession statutes.
¤The crime may still be considered a felony in terms of granting of denying a license to practice within several state-regulated professions.
¤Each of the foregoing situations is an exception to “reduction to a misdemeanor” per PC §17(b)(3).

Contact the court location where your case was filed for procedure.