Tooby's California Post-Conviction Relief for Immigrants

California convictions of “non-alternative” felonies may not be reduced to misdemeanors under Penal Code § 17(b).  Whether a felony conviction is considered a non-reducible felony is determined by the language of the statute specifying the maximum sentence for the offense.  If the statute provides for a state prison sentence, without expressly stating that the court can, in the alternative, impose a county jail sentence up to one year, or a fine, then the offense is not considered to be an alternative felony-misdemeanor, and may not be reduced from a felony to a misdemeanor under Penal Code § 17(b).  See § 9.18, infra.