Legal Question in Criminal Law in California

Re: Felony charge to be reduced to misdemeanor

In order for a felony to be reduced to a misdemeanor, the offense must have been a wobbler (ie., punishable as a felony or misdemeanor). Secondly, the person must not have served any prison time. If these provisions have been met, the court can be petitioned to reduce the charge.

If the court grants the reduction, the conviction is deemed a misdemeanor for all purposes. However, it depends on the conviction whether the person can possess a firearm. Certain misdemeanors forbid possession of a firearm for 10 years. Please call (800) 382-3100 for further assistance.

Re: Felony charge to be reduced to misdemeanor

As noted in the other attorney's answer, the

crime must have been one that is punishable both as

a felony or misdemeanor and you must not have been

sentenced to prison. You must file a petition with

the court that sentenced you requesting that the

offense be deemed a misdemeanor. In my experience,

virtually all judges will grant that request for

any person who has done well on probation and has

no currently pending cases.

However, and pay attention to this, if the case

is reduced to a misdemeanor, and even if it is not

one of those misdemeanors which pertain to gun

possession, IT IS STILL A FEDERAL CRIME TO POSSESS

ANY FIREARM. Federal law focuses on what sentence

you were exposed to at inital sentencing, not what

it later turned out to be. I have found this law

to be sporatically enforced and used mostly against

people that they want to get and can't get any

other way. Still, carry that rifle only at some

risk. You might want to have someone carry it for

you except when you have a deer in the sights.

Larry B. Bruce