How do I downgrade my felony charge to a misdemeanor after completion of my parole?

UPDATED: Apr 12, 2009

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How do I downgrade my felony charge to a misdemeanor after completion of my parole?

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Asked on April 12, 2009 under Criminal Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Review the following:

California Penal Code 17.(b) When a crime is punishable, in the discretion of the court, by
imprisonment in the state prison or by fine or imprisonment in the
county jail, it is a misdemeanor for all purposes under the following
   (1) After a judgment imposing a punishment other than imprisonment
in the state prison.
   (2) When the court, upon committing the defendant to the Youth
Authority, designates the offense to be a misdemeanor.
   (3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or on
application of the defendant or probation officer thereafter, the
court declares the offense to be a misdemeanor.
   (4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that
the offense is a misdemeanor, unless the defendant at the time of his
or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge
the felony and the case shall proceed on the felony complaint.
   (5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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