Reducing a Sentence

[Amber Hoose]

My question involves criminal law for the state of California: My boyfriend was charged with 459 PC (2nd Degree) x5. We are currently paying restitution and he is doing what he needs to do with probation. We were wondering when he has finished paying his restitution, if the court would lower his charge because he is unable to get hired onto a job.

[flyingron]

Was he charged as a felony or a misdemeanor (2nd degree is a wobbler).

[Amber Hoose]

He was charged with a felony. A wobbler?

[flyingron]

Second degree misdemeanor can be charged as either a misdemeanor or felony (it's one of those things where the penalty reads "up to a year in the jail or longer in prison."
He may be able to get it reduced to the misdemeanor version of it.
A lawyer would be a good idea.

[Amber Hoose]

Okay. So just to be sure, there is a possibility that we can get it lowered? From a felony to a mis.? Would it be good if he just went in front of the judge and ask it to be reduced, if he completes his restitution and probation?

[cdwjava]

Unless he entered a deferral program from the outset, this will NOT just arbitrarily be dropped to a misdemeanor just because he's a nice guy. If he was convicted of a felony, it stays a felony.

Once he has served his sentence (including completing probation and paying all his restitution) he will be able to petition for expungement which will drop it to a misdemeanor. Note that expungement is NOT automatic and generally requires that everyone agrees that this is a good idea. if the DA, Probation, or the cops oppose it it may not happen.

[Amber Hoose]

Thank you. You people were a lot of help. Thanks