Governor Newsom signed Assembly Bill 1950 into law on September 30, 2020, significantly changing the length of probation for certain offenses. Under this law, the probationary period now caps at 1 year for most misdemeanors and 2 years for most felonies, reducing the time individuals remain under court supervision and limiting the risk of additional penalties for technical violations.
The key difference between misdemeanors and felonies lies in the severity of the penalties. A misdemeanor carries a maximum sentence of up to one year in county jail, while a felony involves a sentence of at least one year in state prison. In general, people view misdemeanors as less serious offenses with lighter consequences compared to felonies.
According to the language of Assembly Bill 1950, the cap on the probationary period for certain misdemeanors and felonies took effect on January 1, 2021. This means that as of that date, probation for qualifying offenses is limited to 1 year for misdemeanors and 2 years for felonies.
Assembly Bill 1950 excludes the following violations from its impact:
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. Examples of this include domestic violence charges or Driving Under the Influence (DUI) offenses. Thus, these charges do not qualify for a shorter length for probation under the terms of the bill.
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, the law considers these charges serious and excludes them from qualifying for a shorter probation period under the bill.
Charges of a felony financial offense include theft, embezzlement, and fraud. Therefore, these charges, as a result, do not qualify for a shorter probation period under the terms of the bill.
Reducing the length of probation reduces the likelihood of recidivism, allowing defendants to:
Reducing probation limits the number of offenses that previously triggered additional penalties, such as incarceration. This change allows individuals to avoid harsh consequences for minor violations and supports a more rehabilitative approach to sentencing.
Reducing standard probation terms also reduces the burden on the court system and probation services. Services will now be able to focus on supervising those who truly pose a threat to public safety. This will allow for more efficient use of state resources and focus on those in need of intensive support and supervision.
Individuals sentenced before January 1, 2021 may also benefit from the provisions of AB 1950. They will be able to petition for a review of their probation. While the law does not automatically apply to past cases, a defendant can ask the court to reduce probation under the new rules. It is critical to have the assistance of a qualified criminal defense attorney who can properly prepare the paperwork.
Despite the benefits, it is important to keep in mind that not all crimes fall under AB 1950. If the judgment states that the sentence includes mandatory probation, the court is precluded from reducing the probationary period. Therefore, it is important to carefully analyze each individual case.
If you or someone you know has been charged with a misdemeanor or felony that may qualify for a shorter probationary period, contact KAASS LAW 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. https://youtu.be/44V-YGHbNg0