Legal Question in Criminal Law in California

reducing charges

I was convited of 1st degree Burgalry. I am now off of my probation which was 3 years. I was told that 1st degree Burgalry can not be reduced. Is that true? I want to appear before a judge and get it knocked down to a misdomeaner, can I


Asked on 6/16/05, 9:41 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: reducing charges

As with a previous question, reduction to misdemeanor and expungement are possible, not guaranteed, through proper motions supported by facts. Contact me if interested in doing so.

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Answered on 6/16/05, 9:59 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: reducing charges

First degree burglary is a felony and cannot be reduced to a misdemeanor. Only those violations of the law that can be charged as either a felony or a misdemeanor can be reduced to a misdemeanor, if the sentence is the same as it would have been for a misdemeanor. That is the person was sentenced to county jail and probation. If a state prison sentence was imposed, and stayed the conviction cannot be redduced to a misdemeanor. It would appear from the facts that you provided that your conviction cannot be reduced to misdemeanor throuh penal codes section 17 .

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Answered on 6/20/05, 2:55 pm


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