Can California’s New Laws on Non-Violent Felonies Help Your Case?

All crimes are not created equal.  They are clearly not the same. However, California law distinguishes certain felonies from others. For example, in our state, non-violent felonies are eligible for sentence reductions, earlier parole, and programs like diversion. Violent felonies are not.

Every year, California passes new criminal laws. Many of these new laws have given people convicted of non-violent felonies more rights and opportunities. Individuals with non-violent felony convictions and their loved ones should be aware of these rules. 

This article discusses the difference between violent and non-violent felonies in California. It also examines the effect of California’s criminal laws on people convicted of non-violent felonies. Finally, it explains how a Marin County criminal defense attorney can help you or your loved one with a non-violent felony case. 

What is a “Non-Violent Felony” in California?

California law essentially defines “violent felony” in three ways. First, the law lists over 20 crimes that automatically qualify as violent. These include: 

• Murder
• Attempted murder
• Voluntary manslaughter
• Kidnapping 
• Many sex crimes (e.g., forcible rape) — but not all of them
• Robbery
• Arson where the house is inhabited or where great bodily injury occurs
• First-degree residential burglary when a person is present in the home 

Additionally, the law says that “any felony punishable by death or imprisonment in the state prison for life” is a violent felony. 

Finally, any felony in which the defendant caused great bodily injury to anyone other than an accomplice may be viewed as violent if the jury approves a bodily injury enhancement under Penal Code § 12022.7. 

The distinction between violent and non-violent crimes matters. A conviction for a violent crime generally carries a longer sentence than one for a non-violent crime. Additionally, people convicted of violent felonies typically have a harder time getting paroled. Finally, and significantly, a conviction for a violent felony can trigger rules, like the Three Strikes Law, that can expose defendants to harsher punishments in future cases. 

Proposition 47 – Reduces Certain Felonies to Misdemeanors

In November 2014, California voters approved Proposition 47. This law changed certain non-violent felonies to misdemeanors. The three main categories involved were: 

• Drug possession. The law reduced drug crimes, such as simple possession that don’t involve sale, transport, or intent to distribute, from felonies to misdemeanors. 
• Property and fraud crimes. Crimes such as theft, forgery, and receipt of stolen property are treated as misdemeanors as long as the property value is less than $950. 
• Certain car takings and thefts. California Vehicle Code § 10851 makes it a crime to take another person’s car without permission with the intent to either steal it or use it temporarily (“joyriding. If the total value of the car is less than $950, Prop 47 makes it a misdemeanor. 

Prop 47 allows those affected to either be resentenced or have their sentences redesignated as a misdemeanor by filing the proper petition. Courts must resentence the petitioner unless there is an “unreasonable risk of danger to public safety.” Once the petition is granted, the conviction will be treated as a misdemeanor for all legal purposes. 

However, a recent change complicates this seemingly simple rule. In 2024, California voters approved Proposition 36. This law restores felony status for certain repeat drug and theft offenders and some thefts, such as those conducted by a group. Raise any questions about this issue with your Marin County criminal defense lawyer.  

Proposition 57 – Parole and Credit Opportunities

Proposition 57 was approved in November 2016. Proposition 57 added language to the state constitution that says any person sentenced to prison for a non-violent felony must be eligible for parole consideration after finishing the statutory time for their offense. Under this new rule, enhancements or consecutive sentences are not counted. 

SB 731 – Automatic Sealing for Non-Violent Felonies

A criminal conviction can carry many penalties outside of the courtroom. A conviction can significantly impact a person’s ability to obtain employment, maintain professional licenses, and more. California law has tried to make this transition easier. 

SB 731 passed in 2022. The law requires the state’s Department of Justice to review criminal records on a monthly basis. When a conviction meets certain criteria, the DOJ will add a notation that instructs the system not to disclose the information to the public or most background check companies. SB 731’s relief happens automatically. The convicted person doesn’t need to take any action. 

SB 731’s provisions do not apply to violent felonies; however, those convicted of non-violent felonies can usually take advantage of them. However, the law can be complicated and has several exceptions. Be sure to raise any issues with your Marin County criminal defense attorney.

SB 1025 (2024) Expansion of Diversion Programs for Veterans

In a diversion program, the court agrees to pause a criminal case for a certain amount of time. The delay is done to allow the defendant to complete a certain course of action, such as a substance treatment program. If the defendant completes the program, the charges will be dismissed.  

California law has long had diversion programs for veterans. However, most focused on misdemeanors. SB 1025 (2024) changed this by allowing diversion for veterans facing non-violent felony charges. 

SB 73 – Ending Mandatory Minimums for Non-Violent Drug Crimes

Before 2022, California had mandatory minimum sentences for many drug felonies. When the law has a mandatory minimum, the judge must give the minimum sentence required by law, even if it seems too harsh under the circumstances. 

Enter SB 73. This law, which took effect on January 1, 2022, abolished mandatory minimums for non-violent drug offenses and gave judges the discretion to set sentences as they see fit. 

PC §1001.83 (2020) – Diversion for Primary Caregivers

Roughly half of all people in America’s jails and prisons are parents. This is a major issue, as incarceration disrupts families. Section 1001.83 addressed this issue. 

Under section 1001.83, a person charged with a non-serious, non-violent offense is eligible for diversion if they are a child’s primary caregiver and if diversion is in the child’s best interests. (Because the law uses the term “primary caregiver” instead of “parent,” others such as grandparents, siblings, aunts, and uncles are also eligible.) Once the diversion program is completed, the charges will be dismissed and sealed. 

Get Legal Help With Your Non-Violent Felony Conviction 

This article outlines a few recent changes to California law designed to help individuals convicted of non-violent felonies. If you or a loved one is facing charges for a violent felony, non-violent felony, or misdemeanor in Marin County and needs legal representation, contact Brownstein Law Group. Our firm’s founder, Josh Brownstein, is an aggressive attorney who won’t rest until the best possible outcome is within reach. Our entire team will go the extra mile to ensure your satisfaction. To learn more about how we can assist you, please call 415-795-9059 or use our online form to schedule a meeting with our team.