I was charged with CA PC 32310(a) Receiving a High-Capacity Magazine. It is a "wobbler" type offense. It was filed as a felony. I have no priors. Can you please describe what a CA PC "17(b)" motion (as was suggested by an attorney here on Avvo) is as it relates to a 32310(a) Felony conviction? Thanks.
It's a motion to reduce the offense to a misdemeanor.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
It is a motion to request that the court reduce the felony to a misdemeanor. Because that charge is a "wobbler" and can be either a felony or a misdemeanor, a 17(b) motion (if granted) makes the offense a misdemeanor. That motion can either be part of a plea offer wherein the charge is reduced and you plead guilty to a misdemeanor or post-conviction to get it reduced.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
While everyone here is correct it is a motion to reduce the case to a misdemeanor, that is something that can only be done at three stages of your case (1) at the end of your preliminary hearing, by your attorney to the court during holding order, (2) after a guilty verdict, or (3) after your plea at sentencing. The motion cannot simply be filed during a pretrial hearing in an attempt to have the court reduce your charges. That's not how 17(b) works.
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