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.
© 2004 Superior Court of California County of Alameda