Who can't have their cases reduced from felonies to misdemeanors?

People who have a prior conviction for:

 

•Sexually violent offenses and sex offenses against minors under the age of 14
•Murder, attempted murder, and solicitation to commit murder
•Assault with a machine gun on a police officer or firefighter
•Possession of a weapon of mass destruction
•Any offense punishable in California by life in prison or death, or
•Any person who is required to register as a sex offender under Penal Code section 290(c).

 

People who are still serving their sentences, and who are “at risk of committing” one of the offenses listed above, may also be excluded from Prop 47’s benefits, even if they have no prior convictions for the listed crimes. To be excluded in this way, the District Attorney will file an opposition in response to a defendant’s petition for Prop 47 relief, and will request what is called a “Dangerousness Hearing.” At that hearing, the District Attorney will have to prove by a preponderance of the evidence that a defendant is at risk of committing one of the referenced offenses in the future.