PRACTICE AREAS

PRACTICE AREAS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • August 25, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • July 26, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • November 21, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.
What are the Disqualifying Offenses under Prop 47?
June 2, 2016

Proposition 47, passed by California voters on November 4, 2014, changed a number of specific offenses from a felony to a misdemeanor.  In order to qualify to have a prior conviction reduced to a misdemeanor under Proposition 47, the accused must not have a “disqualifying” prior conviction.

Disqualifying prior convictions include the following:

Any offense which requires sex offender registration under Penal Code section 290(c).  This appears to limit the list of crimes to offense in which sex offender registration is mandatory as opposed to optional.  It does not include foreign convictions.  In addition, a person who has been convicted of a crime that does not require registration, but was nonetheless order to do so by a court exercising its discretionary authority under Penal Code section 290.006 is eligible to apply for the reduction.

Disqualifying Sex Offenses :

Offenses that require sex offender registration under Penal Code section 290(c) includes the following offenses:

Murder (Penal Code section 187) during the commission or attempted commission of rape or any act punishable under Penal Code sections 286 (sodomy), 288 (child molest), 288a (oral copulation), or 289 (sexual penetration);

Kidnapping (Penal Code section 207) or Kidnapping with the intent to commit any of the following offenses (Penal Code section 209) – Rape (Penal Code section 261), Sodomy (Penal Code section 286), Child Molest (Penal Code section 288), Oral Copulation (Penal Code section 288a), or Sexual Penetration (Penal Code section 289);

Assault with intent to commit a sex crime (Penal Code section 220);

Sexual Battery (Penal Code section 243.4);

Rape (Penal Code section 261(a)(1), (2), (3), (4), or (6));

Marital Rape involving use of force or violence for which the person is sentenced to state prison (Penal Code section 262(a)(1));

Rape in Concert (Penal Code section 264.1);

Recruiting a minor into prostitution (Penal Code section 266);

Sex due to consent induced by fear (Penal Code section 266c);

Pimping a minor (Penal Code section 266h(b));

Pandering a minor (Penal Code section 266i(b));

Abduction of minor for prostitution (Penal Code section 267);

Aggravated sexual assault upon a child (Penal Code section 269);

Incest (Penal Code section 285);

Sodomy (Penal Code section 286);

Child Molest (Penal Code section 288);

Oral Copulation (Penal Code section 288a)

Communicating with a minor with unlawful sexual intent (Penal Code section 288.3);

Arranging to meet with a minor for purpose of engaging in lewd conduct (Penal Code section 288.4);

Resident Child Molestation (Penal Code section 288.5);

Sex with a child under 10 years of age (Penal Code section 288.7)

Sexual Penetration (Penal Code section 289);

Child Porn (Penal Code sections 311.1, 311.2(b)(c) or (d), 311.3, 411.4, 311.10, or 311.11);

Annoying or molesting a child (Penal Code section 647.6 [or former Penal Code section 647a]);

Soliciting forcible sex offenses (Penal Code section 653f(c));

Indecent exposure (Penal Code section 314(1) or (2));

Any offense involving lewd or lascivious conduct under Penal Code section 272 (contributing to the delinquency of a minor); or

Felony Bigamy (Penal Code section 288.2).

Disqualifying “violent” offenses :

Violent offenses are defined in Penal Code section 667(e)(2)(C)(iv).  These offense include the following:

Rape by force, violence or threats (Penal Code section 261(a)(2) and (6));

Spousal rape by force, violence or threats (Penal Code section 262(a)(2) and (4));

Rape in concert by force, violence or threats (Penal Code section 264.1(a));

Aggravated sexual assault of a child by force, violence or threats (Penal Code section 269));

Sodomy by force, violence or threats (Penal Code section 286(b)(2) and (3));

Sodomy with a child who is under 14 years of age and more than 10 years younger than the defendant (Penal Code section 286);

Lewd or lascivious acts involving a child under 14 years of age (Penal Code section 288);

Child molest by force, violence or threats (Penal Code section 288(b));

Oral copulation by force, violence or threats (Penal Code section 288a(c)(2) and (3));

Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than the defendant (Penal Code section 288a(c)(1));

Continuous sexual abuse of a minor by force, violence or threats (Penal Code section 288.5);

Sexual penetration by force, violence or threats (Penal Code section 289(a)(1) and (2));

Sexual penetration of a child who is under 14 years of age, and who is more than 10 years younger than the defendant (Penal Code section 289(a)(1)(C));

Kidnapping with the intent to commit rape, sodomy, child molest, oral copulation, or sexual penetration (Penal Code section 207 or 209);

Assault with intent to commit rape, sodomy, child molest, oral copulation, or sexual penetration (Penal Code section 220);

Any homicide or attempted homicide offense (Penal Code sections 187 to 191.5, inclusive);

Solicitation to commit murder (Penal Code section 653f);

Assault with a machine gun on a peace officer or firefighter (Penal Code section 11418(a)(1));

Any serious and/or violent felony offense punishable in California by life imprisonment or death.

If you believe you have a qualifying felony conviction that can be reduced to a misdemeanor, contact your attorney, the local public defender’s office, or your local legal services office for assistance.