If an order pursuant to section 872 has already been filed , how is it possible to determine the offense a misdemeanor pc17 ?

Asked over 1 year ago - Hesperia, CA

If an order pursuant to section 872 of the penal code has already been filed, how is it possible to determine the offense to be a misdemeanor under penal code section 17?

Attorney answers (3)

  1. Nicholas Milan Loncar

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . It sounds like you're asking about a 17(b) reduction to a misdemeanor. Not all felonies are eligible for this reduction. Speak to your attorney and let them know that your eventual goal is a 17(b) reduction. With that, they can aim for a plea to a "wobbler" charge that can be later reduced.

  2. John M. Kaman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . PC 872 has to do with a magistrate issuing a holding order on a felony charge. Can it still be reduced to a misdemeanor per PC 17? Yes, assuming it is a wobbler and a judge is agreeable.

  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . The answer isn't necessarily in PC Section 17(b), but in the section you are being held to answer. Now that it appears to be a felony, you are in a difficult, but maybe not an impossible position since you have many legal options. You do need an experienced attorney.

    Many reputable attorneys offer a free consultation. My suggestion is to contact at least one attorney soon.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more

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