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Assembly Bill 1950: Limitation of Probationary Terms

What is Assembly Bill 1950?

Assembly Bill 1950 was approved by the governor of California on September 30, 2020, and changes the probationary time period for misdemeanors and felonies. Namely, this bill makes it so that a probationary period on certain misdemeanor or felony violations is caped to 1 year for misdemeanors and 2 years for felony violations.

What is the Difference Between a Felony and a Misdemeanor?

The difference between felonies and misdemeanors is that a penalty for a misdemeanor violation includes up to one year in jail. On the other hand, a felony violation involves at least one year in prison. In other words, misdemeanors are considered to carry a lighter penalty than felonies.

When does Assembly Bill 1950 Become Effective?

Based on the language of this bill, the cap on a probationary period of certain misdemeanors and felonies has already taken effect, on January 1, 2021.

What Misdemeanor and Felony Violations Are Not Impacted by Assembly Bill 1950?

The interpretation of Assembly Bill 1950 makes it so that the following violations are not impacted by the bill:

  • Mandatory Probation Period;
  • Violent Offenses; and/or
  • Certain Felony Financial Offenses.

What is Considered a Mandatory Probation Period?

A mandatory probation period is a term that accompanies certain misdemeanors and felonies. In other words, some misdemeanors and felonies include a mandatory length for probations within the sentencing provisions. Some examples of this can be found with domestic violence charges or those regarding Driving Under the Influence (DUI). Thus, these charges do not qualify for a shorter length for probation under the terms of the bill.

What is Considered a Violent Offense?

A violent offense includes charges such as those for child abuse, domestic violence, domestic abuse, felony assault, assault with a deadly weapon, murder, and arson. Thus, these charges are considered serious and cannot qualify for a shorter length for probation under the terms of the bill.

What is Considered a Felony Financial Offense?

Charges of a felony financial offense include theft, embezzlement, and fraud. Thus, these charges do not qualify for a shorter length for probation under the terms of the bill.

Los Angeles Criminal Defense Attorney

If you or someone you know has been charged with a misdemeanor or felony that may qualify for a shorter probationary period, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.

 

 

 

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