July 28, 2011 By Wallin & Klarich

It is possible to reduce your felony conviction to a misdemeanor. This can be achieved through something called a “17(b) motion.” Reducing a felony conviction to a misdemeanor has many benefits:

• You can say that you have not been convicted of a felony on job, school, housing, or loan applications • You can regain your ability to own a gun • You would be able to vote and serve jury duty
To qualify for a reduction pursuant to a 17(b) motion, the offense must have been a “wobbler” and probation must have been granted.

To be clear, a wobbler is a crime that can be prosecuted as either a misdemeanor or a felony, depending on your criminal record and the facts of the case. Therefore, crimes that can only be prosecuted as felonies cannot be reduced to misdemeanors. If the felony that you were convicted of could have been prosecuted as a misdemeanor, you would qualify for a 17(b) reduction. Otherwise, you would not.

To be granted probation means that you have been allowed to serve your sentence outside of jail. However, you would need to abide by certain court-ordered conditions and you may be required to report to a probation officer. Probation must have been granted in order to qualify for a 17(b) motion. This means that if you had served any time in state prison for your felony conviction, you will not qualify.

You will certainly need the assistance of an experienced criminal defense attorney to help you achieve a felony reduction, especially if the prosecution is going to oppose it. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Leave a comment

Your email address will not be published. Required fields are marked *

Contact Us
  •   17592 Irvine Blvd,
      Tustin, CA 92780
  •   (714) 730-5300
  •   (888) 280-6839
SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 Wallin & Klarich - All rights reserved

California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.