Reducing Felonies to Misdemeanors in Los Angeles
A felony conviction can follow you for life, affecting everything from employment and professional licensing to immigration status and the right to possess a firearm. Yet many Californians are unaware that state law provides several pathways for reducing felonies to misdemeanors in Los Angeles, dramatically softening the long-term impact of a single mistake.
At Kraut Law Group Criminal & DUI Lawyers, our team has helped hundreds of clients turn the page on past felonies. The information below reflects over three decades of courtroom experience, continuous monitoring of legislative updates, and a proven track record of results within the Los Angeles criminal process and in every County courthouse.
Understanding Penal Code § 17(b) for Reducing Felonies to Misdemeanors in Los AngelesCalifornia Penal Code § 17(b) empowers judges to declare that a crime “punishable by imprisonment in the state prison” shall instead be treated as a misdemeanor after certain conditions are met. In plain English, this is California’s original felony-reduction statute. Although the language is concise, the section is deceptively nuanced:
- Timing. A § 17(b) motion can be brought at sentencing, after completion of probation, or even years later, once all probation conditions, fines, and restitution have been satisfied.
- Judicial Discretion. The court must consider the facts of the offense, the defendant’s criminal history, compliance with probation, public-safety factors, and any victim input.
- Immediate Effect. When granted, the felony is re-designated as a misdemeanor for all purposes moving forward, retroactive to the date of conviction.
Because § 17(b) relief is discretionary, success in reducing felonies to misdemeanors in Los Angeles depends on persuasive advocacy, meticulous preparation, and a deep understanding of how local judges have ruled in similar cases.
Which Felonies Qualify for Reduction Under California LawOnly crimes classified as “wobblers” can be reduced under § 17(b). A wobbler is an offense that the Legislature has explicitly made punishable either as a felony or as a misdemeanor (e.g., Penal Code § 245(a)(1) assault with a deadly weapon, or § 487(a) grand theft). By contrast, “straight” felonies, such as robbery (§ 211) or residential burglary (§ 459/460), are never eligible absent later legislative reform.
A careful review of the charging document, the exact code section, and any relevant enhancements is therefore essential. The attorneys at Kraut Law Group Criminal & DUI Lawyers often uncover mischarged counts or overlooked statutory amendments that convert a seemingly ineligible offense into a viable wobbler.
How Proposition 47, Proposition 64, and Other Laws Help Reduce Felony Charges in Los AngelesIn 2014, California voters passed Proposition 47, reclassifying several low-level theft and drug felonies as misdemeanors by operation of law. Adults previously convicted of qualifying offenses (shoplifting, petty theft with priors, simple possession, writing bad checks, forgery, and more) can petition the court for resentencing under Penal Code § 1170.18, regardless of whether the crime was a wobbler.
Similarly, Proposition 64 (2016) legalized adult recreational cannabis and allows many historical marijuana felonies to be reduced or dismissed entirely.
Additional bills, such as Assembly Bill 600 (2023), have expanded judicial discretion to resentence individuals convicted of particular firearm and juvenile offenses. Each statute has strict filing deadlines, record-review procedures, and disqualification criteria. Working with counsel who tracks these annual changes is critical; missed deadlines can permanently forfeit relief.
Eligibility Requirements and Barriers to Reducing Felonies in Los AngelesWhile every case is fact-specific, the following questions usually determine whether a reduction is realistic:
- Was the charge filed initially as a wobbler?
- Were you granted probation, and if so, have you completed it without violations?
- Have all fines, fees, and restitution been paid in full?
- Do you have any new criminal cases or outstanding warrants?
- Is the offense excluded by later voter initiatives (e.g., certain sex crimes, gun use enhancements, or offenses requiring registration)?
Clients sometimes assume an old probation violation or unpaid civil judgment will doom the motion. In practice, many judges will still grant relief if we demonstrate rehabilitation through employment, education, counseling, or community service. Our firm regularly prepares supplemental exhibits, character letters, counseling certificates, and proof of steady employment to humanize each client beyond the court docket, an essential part of successfully reducing felonies to misdemeanors in Los Angeles.
How to File a § 17(b) Felony Reduction Motion in Los Angeles County- Record Retrieval and Audit. We obtain certified minute orders, the original complaint, and the probation file to confirm statutory eligibility and flag any clerical errors.
- Case-Building Interview. A senior attorney, not a paralegal, meets with the client to craft a narrative of rehabilitation and community ties.
- Motion Drafting. The memorandum cites controlling authorities, including People v. Superior Court (Alvarez) and People v. Park, as well as county-specific local rules, while tailoring arguments to the courtroom’s sentencing philosophy.
- District Attorney Review. In most Los Angeles courthouses, the DA’s office has a dedicated unit for retroactive motions. Early dialogue often resolves objections before the hearing.
- Judicial Hearing. We present oral argument, client testimony (when strategic), and rebuttal to any opposition. Most hearings last 10–20 minutes; preparation is everything.
- Post-Order Compliance. Upon signature, we file certified copies with the Department of Justice, update DOJ rap-sheet coding, and notify licensing boards or federal agencies as needed.
Because Los Angeles County has 38 separate courthouses, understanding each bench officer’s calendar practices and preferred documentation style can significantly reduce processing time when pursuing motions to reduce felonies to misdemeanors in Los Angeles.
Benefits of Reducing a Felony to a Misdemeanor in Los Angeles- Restoration of Civil Rights. A reduced conviction eliminates the lifetime firearm prohibition triggered by a California felony (Penal Code § 29800) and restores state jury service eligibility.
- Employment Opportunities. Most private employers, as well as many public entities, may not automatically disqualify candidates with misdemeanor convictions, especially after an expungement under Section 1203.4.
- Professional Licensing. Boards for nursing, real estate, contracting, teaching, and legal practice weigh misdemeanors far less harshly than felonies.
- Immigration Consequences. Although any criminal conviction can create challenges, certain misdemeanor dispositions avoid the “aggravated felony” and “crime involving moral turpitude” categories that trigger removal proceedings.
- Enhanced Negotiating Power. Future sentencing exposure on new cases decreases because California’s sentencing triad hinges on prior felony history.
Common Prosecutor Objections and Legal Strategies for Felony Reduction- “The offense involved violence.”
We counter with victim-impact statements when the victim supports relief, documented restitution, and evidence of anger-management or substance-abuse counseling. - “Prior record shows a pattern.”
We isolate the current felony as an aberration, highlight a clean record since conviction, and present corroborated proof of rehabilitation. - “Public safety would be jeopardized.”
We demonstrate stable employment, negative drug tests, community service, and letters from employers or faith-based organizations attesting to low risk.
Frequently Asked Questions About Reducing Felonies to Misdemeanors in Los Angeles Q: “Does a reduction erase my conviction?”
No. A § 17(b) order changes the classification but does not vacate the conviction. Most clients file a companion Penal Code § 1203.4 expungement to obtain a dismissal as well.
Q: “Can federal law still treat me as a felon?”
Usually no, but there are exceptions, particularly for firearm possession. We advise on how Ninth Circuit case law and ATF regulations intersect with California relief.
Q: “What if I served state prison time?”
Serving prison almost always removes § 17(b) eligibility. However, Proposition 47 resentencing or PC § 1170(d) recall of sentence may still offer alternatives.
Q: “How long does the process take?”
In the Los Angeles Superior Court, uncontested motions can be heard in 4–6 weeks; contested matters may run 60–90 days. Our firm tracks each filing to ensure electronic minute orders are transmitted promptly to the DOJ.
Why Choose Kraut Law Group for Felony Reduction Motions in Los Angeles- Prosecutorial Insight. Managing attorney Michael Kraut spent 14 years as a Deputy District Attorney handling major felonies. That inside knowledge shapes persuasive § 17(b) presentations.
- Court-Specific Knowledge. We have appeared before every criminal judge in Los Angeles County, from Van Nuys to Long Beach, so we anticipate each bench officer’s evidentiary preferences.
- Comprehensive Relief. Beyond the reduction itself, we coordinate expungement, early termination of probation, and record-sealing when available.
- Transparent Flat Fees. Most § 17(b) cases qualify for a single, up-front fee that covers records retrieval, motion practice, and hearing representation—no hidden costs.
Speak With a Los Angeles Criminal Defense Lawyer About Reducing Your FelonyYour past does not have to dictate your future. To learn whether your felony qualifies for reduction, or to explore other post-conviction options, contact Kraut Law Group Criminal & DUI Lawyers at (888) 334-6344 or (323) 464-6453 or use our secure online form for a confidential consultation. Our attorneys are available 24/7 and can appear in any Los Angeles, Orange, Riverside, or San Bernardino courtroom on short notice.
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Michael Kraut - I cannot thank you enough for all that you did for my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.