Proposition 47: Important Changes in the Law

Proposition 47 has changed the treatment of theft crimes as
well as drug crimes by the California criminal justice system. Passage of Prop.
47 has transformed “wobblers”—crimes that could be charged as felonies or
misdemeanors—into straight misdemeanors. Orange County criminal defense lawyers welcome this change because
the District
Attorney can no longer charge many crimes as felonies but can only charge
them as misdemeanors. This change greatly reduces the District Attorneys “leverage”
to force a defendant to plead to a crime rather than risk a felony conviction
and possible prison sentences.

The crimes affected by Prop. 47 include some of the most
familiar crimes to criminal defense attorneys in Orange County including   (Health and Safety Code Section 11350), Possession of
Concentrated Cannabis (Hashish), Grand Theft, Petty Theft, Forgery, Commercial
Burglary, Check Fraud and Receiving Stolen Property.

Possession of a Controlled Substance:

Before Prop. 47, Health and Safety Code Section 11350 made drug
possession including opiates, heroin, cocaine, and codeine a FELONY. Now,
possession of these drugs is a misdemeanor except for those with a serious
criminal history or those required to register as a sex offender. The same is
true of possession of hashish (concentrated cannabis).

Grand Theft/Receiving Stolen Property:

Grand Theft is theft of property exceeding $950.00 in value.
Prior to Prop. 47 grand theft also included theft of lesser values of certain
types of property—farm crops, firearms, vehicles, etc. After Prop. 47, theft of
all property with a value of $950.00 or less is petty theft. This rule now also
applies to Receiving Stolen Property. Prior to Prop. 47 Receiving Stolen Property
was a wobbler and could be charged as a felony or misdemeanor. Now, unless the
value of the property exceeds $950.00 it is only a misdemeanor.

Petty Theft With Priors:

Before Prop. 47, a person who committed petty theft and who
had three prior theft convictions (petty theft, grand theft, burglary,
receiving stolen property, robbery, AUTO THEFT, carjacking) could be charged
with a felony. Prop. 47abolished this rule and now theft of property with a
value of $950.00 or less is petty theft and can only be charged as a
misdemeanor unless the defendant has a serious criminal history or is required
to register as a sex offender.

Check Fraud:

Before Prop. 47, Check Fraud under $450.00 where the defendant had no prior conviction
for check fraud, was a misdemeanor. All other check fraud was a wobbler and
could be charged as a felony. Now, Check Fraud not exceeding $950.00 where the
defendant has no more than two prior check fraud convictions is a misdemeanor.

Forgery:

Before Prop. 47, all forgery crimes were wobblers and could
be charged as felonies. Now, forgery offenses including bonds, checks, traveler’s
checks, bank bills, and bank notes not exceeding $950.00 are misdemeanors.

Commercial Burglary:

Prior to Prop. 47, if a person entered a store with the
intent to shoplift, the person could be charged with Commercial Burglary, which
is a wobbler and can be punished as a felony or misdemeanor. Now, the intent no
longer matters. If the defendant entered the store during regular business
hours with the intent to shoplift and does shoplift, it is a misdemeanor
shoplifting charge if the value of the goods or services does not exceed  $950.00.

These important changes in the law will have a drastic
impact on how your Orange County criminal
defense lawyer handles your case. Since the prosecutor no longer has the
leverage to charge these minor offenses as felonies, DEFENSE ATTORNEYS have
more room to litigate legitimate issues and will likely get better results for
their clients charged with these offenses.

If you have been charged with a crime, call The Law Offices
of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation.
You’ll speak to an experienced criminal
defense attorney about your options in your case. You can also visit us
online at www.ejesquire.com. We have
offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072
Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.