Reducing a felony to a misdemeanor: as a current charge & when expunging a record
If we talk about the California Penal Code 17(b), numerous crimes can be imposed by the court as misdemeanors or felonies. The law offices Los Angeles believes that in the case of a felony charge, a criminal defense attorney can try to decrease a misdemeanor only if the charge is qualified (it must be a wobbler).
What does "wobbler" mean?
Wobbler is the kind of specific criminal charge that as per the law is either a felony or a misdemeanor. The decision is only in the hands of the District Attorney whether they charge you with a misdemeanor or felony charge. This decision will be made after having a look at your criminal record, case facts, damages, and injury extent in the case, number of prosecutions wanted by the victim, and so on. Following is the list of wobbler charges:
❖ Penal Code 459-460(b) – Commercial Burglary
❖ Penal Code 422 – Criminal Threats
❖ Penal Code 245(a)(1) – Assault With a Deadly Weapon
❖ Penal Code 273.5 – Domestic Violence
How to understand Penal Code 17(b) motion?
A 17(b) motion is a form of request that allows the court to charge a criminal with strict punishment for their crime. To understand further, let’s take an example. If you are currently dealing with a felony charge, your attorney can create a b motion on your behalf to request the court to turn your felony charge into a misdemeanor charge. This step comes into action
at the end of the preliminary hearing or a jury trial during sentencing. This only becomes possible when you share your problem with the Top criminal defense lawyer.
Keep in touch with Mr. Matthew M. Horeczko for more legal enquiries.