Misdemeanor Diversion can Dismiss Your Case
Learn whether your misdemeanor case qualifies for diversion.
Category: California
Firearm Prohibition for Misdemeanor Domestic Violence
Firearm Prohibition Current law places a ten year firearm prohibition on person convicted of certain violent crimes. Basically, this means a person cannot own, possess, control, purchase, or receive a firearm. This includes a misdemeanor conviction for domestic violence. Assembly Bill 3129 Beginning January 1, 2019, a conviction for misdemeanor …
Assembly Bill 931 Aims to Reduce Use of Deadly Force by Police
Current Status of Assembly Bill 931 As of October 16, 2018, Assembly Bill 931 is in the Senate Rules Committee of the California State legislature. Proposed Changes Assembly Bill 931 aims to reduce the use of deadly force by law enforcement in California. Above all, it declares that every person …
When Do SB 1437 Changes to Felony Murder Rule Start?
Felony Murder Rule Relaxed by Senate Bill 1437 On September 30, 2018, Governor Brown signed Senate Bill 1437 into law. SB 1437 relaxed the felony murder rule. Beginning January 1, 2019, a participant in a felony is guilty of felony murder only if he or she: Was the actual killer, …
Assembly Bill 1511 – Bringing Back Property Crime Enhancements
***As of September 29, 2018, Assembly Bill 1511 is awaiting decision by Governor Brown.*** Assembly Bill 1511 Assembly Bill 1511 would impose sentencing enhancements for property damage. It replaces former Penal Code Section 12022.6, which expired on January 1, 2018. Assembly Bill 1511 also allows the legislature to adjust for …
Senate Bill 1142 – Changing How Jails Release Inmates
Senate Bill 1142 Senate Bill 1142, also known as “The Getting Home Safe Act,” would change how inmates are released from county jail. Changes Proposed by Senate Bill 1142 First, sheriffs would release inmates between 8 a.m. and 5 p.m. If inmates are not released during that time, they could …
Senate Bill 1437 – Eliminating Felony Murder in California
Senate Bill 1437 Senate Bill 1437 would amend the penal code to more equitably sentence offenders according to their involvement in the crime. Specifically, to be convicted of murder, the prosecution would need to prove that a participant in a crime acted with “malice.” Senate Bill 1437 aims to ensure …
Prop 47 Case Law Update
What is Prop 47? Prop 47 makes certain drug and property offenses under $950 a misdemeanor. Prop 47 Case Law Prop 47 was passed on November 4, 2014. Since then, courts have ruled that the following charges should also be misdemeanors: Embezzlement of $950 or less – Penal Code 503 …
SCR 48: Resolution to Reform Felony Murder Rule
SCR 48 – Senate Concurrent Resolution SCR 48 is a senate concurrent resolution passed on September 22, 2017. It recognized the need for statutory reform to more equitably sentence offenders according to their involvement in the crime. Although SCR 48 did not make any changes to existing law, it laid …
Withdraw a Plea
Withdraw a Plea Using Penal Code 1473 Penal Code 1473.7 allows a person no longer imprisoned to withdraw a plea. This is especially useful for non-citizens who want to vacate a conviction or a sentence. If the Court allows the non-citizen to withdraw their plea, it removes the conviction for …