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What offenses are ineligible for Prop 47?

On Behalf of | Aug 2, 2024 | Criminal Defense

The public’s needs can shift as times change, requiring legislators’ reconsideration of existing policies and actions to improve them. The same goes for the criminal justice system. Sometimes, lawmakers can revise or add rules to existing procedures as part of reallocating or refocusing resources to benefit more people and their communities, such as Proposition 47 (Prop 47).

This development occurred because the government decided to partially shift resources from prisons to other services, such as schools, mental health services and drug treatments. It granted modifications to specific sentencing laws, leading to changes and reclassifying various criminal offenses, including theft and drug possession felonies.

It could be an opportunity for many to reevaluate the severity of their sentences, but some offenses are ineligible for Prop 47, such as:

  • Violations legally defined as sexually violent offenses
  • Certain sexual crimes involving children
  • Homicide offense, including convictions for attempt
  • Severe crimes using unlawful firearms
  • Other violent felonies that lead to life imprisonment or death as sanctions

There could also be crimes that seem eligible initially but unexpectedly become ruled out because of the defendant’s criminal history. Additionally, Prop 47 can also allow individuals who fulfilled their legal obligations to reclassify qualified offenses they have on record from felonies to misdemeanors, depending on the circumstances.

Knowing what to do about criminal offenses

No matter how minor, any criminal offense can stay on record and impact more than just the present. Various issues can arise when seeking career or housing opportunities long after completing the sentence. Sometimes, seeking legal counsel is the only way to address these concerns. Experienced advice can help determine what to do while going through the legal process to receive fair treatment every step of the way.

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