Resentencing Lawyer in Los Angeles, CA
Motion for Resentencing and Reduction to a Misdemeanor or Infraction
California law gives many people a second chance to reduce penalties or even reclassify certain convictions. If your sentence is longer than necessary, or if your offense qualifies to be reduced, a motion for resentencing or reduction can help you regain stability, restore rights, and improve employment prospects. Attorney Colleen O’Hara helps clients across Los Angeles County explore their options for a better path forward after a conviction.
Your Options for Resentencing or Reduction
There are several legal tools that may fit your situation. However, eligibility depends on your conviction, your record, and recent changes in California law.
A few options include:
- Resentencing under Penal Code section 1172.1: Formerly section 1170(d)(1), this allows recall and resentencing based on new laws, rehabilitation, post-conviction factors, or a recommendation from the court, CDCR, parole, or the district attorney.
- Reduction of “wobbler” felonies to misdemeanors under Penal Code section 17(b): Many offenses that could have been filed as misdemeanors may be reduced after probation or, in the court’s discretion, which can restore rights and improve background checks.
- Proposition 47 reclassification under Penal Code section 1170.18: Certain theft and drug possession offenses may be reclassified from felonies to misdemeanors if the value thresholds and criteria are met.
Reduction to an infraction where authorized by statute: Some misdemeanor offenses can be converted to infractions when the code section permits and the court finds it appropriate.
Once you see these options, the key is matching the proper mechanism to your exact conviction and goals. Our legal team can help you determine the best course of action based on your circumstances.
To schedule a free consultation, contact us online or call (213) 996-0529 today! Hablamos español.
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Considerations for Resentencing or Reducing a Conviction
Los Angeles judges can look beyond the original snapshot of the case to who you are today. Courts may weigh post-conviction rehabilitation, educational and vocational progress, family responsibilities, changes in the law, youth at the time of offense, and public safety. At the Law Offices of Colleen O'Hara, we present a complete picture through certificates, letters, treatment records, and a detailed plan for success.
Our process includes:
- Eligibility Review: We analyze your docket, minute orders, and sentencing terms from the relevant LA Superior Court courthouse.
- Evidence Building: We gather proof of rehabilitation, employment, training, and community support.
- Targeted Motion Practice: We craft a persuasive motion tailored to section 1172.1, 17(b), or Proposition 47 criteria and address any opposition from the prosecution.
- Hearing and Follow-Through: We advocate for the least restrictive outcome, then help update records and advise on collateral benefits such as rights restoration.
Successful motions can reduce jail or prison exposure, shorten probation, lower fines and fees, restore certain rights, open doors to professional licenses, and improve background checks. A felony dropped to a misdemeanor can be life-changing in Los Angeles’s competitive job market.
Contact us online or call (213) 996-0529 today to discuss a motion for resentencing or reduction in Los Angeles. Hablamos español.
