In November, Proposition 47 passed in California. Prop 47 requires misdemeanors, instead of felony sentences, for a number of crimes that were considered “non-serious.” These crimes included possession of date-rape drugs, and some gun crimes.
However, the reduced sentence will only apply if the defendant has no prior convictions for murder, rape, certain sex offenses, or certain gun crimes.
Additionally, the law allows re-sentencing for anyone who is currently serving a prison sentence for any of the offenses that the legislation reduces to misdemeanors. According to the Californians for Safety and Justice, that includes about 10,000 prison inmates.
What This Means for Defendants
While this does not include all gun crimes, it is good news for those who have been charged with or convicted of a non-violent gun crime, such as stealing a firearm. Obviously, those who have been convicted of, or charged with, homicide involving a gun or assault involving a gun will not benefit from this new legislation.
Although sentences for non-violent gun crimes have been reduced due to Prop 47, anyone charged with a non-violent gun crime should still seek representation from an experienced criminal defense attorney.
A misdemeanor still carries penalties. Furthermore, if you did not commit the crime of which you have been charged, you will need legal representation to analyze your case, find holes in the prosecution’s argument, and ensure your rights are upheld under California law.
If you are guilty of a non-violent gun crime, a defense attorney is essential to your case. A criminal defense lawyer will be able to ensure your rights are upheld throughout the whole criminal justice process. You also may be able to negotiate a plea deal that will allow you an even lesser sentence.
Call the Kestenbaum Law Group
The Kestenbaum Law Group has been defending those with gun crime charges for years, and we have secured many successful jury verdicts and plea negotiations. Our professional legal team is here to help fight for your rights and present the best case possible to a jury or judge.
For a free initial consultation, we welcome your call to our office at (818) 616-4312.