Posted on September 23, 2018
California PC 422(a) Reduction to Misdemeanor & Expungement
In California, conveying a criminal threat is a wobbler making it charged as either a misdemeanor or felony. It’s codified under penal code 422(a) pc and conviction carries lasting consequences including a life-time ban to owning a firearm. Furthermore, if you were convicted of felony criminal threat, then the strike attaches even if you subsequently reduce the conviction to a misdemeanor.
The government will consider your prior criminal history and the severity of the circumstances prior to deciding whether to charge you with a felony or misdemeanor. Fortunately, if you suffer from a felony conviction you may be eligible to reduce the conviction to a misdemeanor under Penal Code 17(b). Reduction can occur through negotiations with the prosecutor, obtaining a court indicated from the judge who will agree to reduce the charge to a misdemeanor, requesting the court to reduce the charge to a misdemeanor at the conclusion of preliminary hearing, or after successfully completing your probation period. If petitioning to reduce your felony to a misdemeanor after probation, the court will consider the following factors:
- Whether you suffered any probation violations;
- Whether you’re a threat to society;
- The likelihood that you’ll re-offend;
- Your prior criminal history;
- The reason you’re seeking reduction – e.g., employment, military, etc.
To expunge your conviction, a specific petition must be filed under Penal Code 1203.4. To obtain this remedy, you must have fully completed your probation period. In most cases, your attorney will file a reduction motion along with an expungement petition to be conjointly litigated during the same hearing.
If you have been convicted of PC 422(a), and you seek reduce your felony to a misdemeanor and/or expunge your criminal threat conviction, then contact us today schedule a free confidential consultation. Call the Law Offices of John D. Rogers and speak with an experienced Orange County criminal defense lawyer.