If you or someone in your family has been arrested in Fresno for drug possession or theft, the charge you are facing — felony or misdemeanor — often traces back to a law voters passed more than a decade ago, and to a second law voters passed in 2024 that changed parts of it again. Whether a case is charged as a felony or a misdemeanor can affect everything from whether you spend time in county jail versus state prison to how the case appears on your record for years afterward. Understanding how these two laws work together matters from the moment charges are filed.

These rules are not simple, and the answer to “felony or misdemeanor?” often depends on details specific to your case — the exact dollar amount involved, the substance at issue, and your criminal history. Mark Broughton has practiced criminal defense in Fresno for 40 years and is certified by the State Bar of California as a Criminal Law Specialist, a credential the State Bar awards to a limited number of attorneys who demonstrate advanced experience and knowledge in criminal law. This article explains, in plain language, what Proposition 47 did, what Proposition 36 changed, and what that means for a drug or theft case in Fresno today.

What Proposition 47 Was and When Voters Passed It

Proposition 47, titled the “Safe Neighborhoods and Schools Act,” was a statewide ballot measure that California voters approved in November 2014. Its main purpose was to reduce a group of nonviolent drug and theft offenses from felonies (crimes that can carry a state prison sentence) to misdemeanors (less serious crimes generally punishable by up to a year in county jail, a fine, or both). The measure also directed the state’s projected savings — from fewer people serving felony sentences — toward school programs, mental health and drug treatment, and services for crime victims.

Before Proposition 47, many of the offenses discussed below were what California law calls “wobblers” — crimes that a prosecutor could choose to charge as either a felony or a misdemeanor, depending on the circumstances and the person’s record. Proposition 47 took that choice away for many low-level, nonviolent offenses and made them misdemeanors instead, for most people.

Which Offenses Moved From Felony to Misdemeanor

Proposition 47 focused on two broad categories: simple drug possession and low-value theft.

• Simple drug possession. Possessing a personal-use amount of certain controlled substances, without any evidence of intent to sell, generally became a misdemeanor rather than a felony or wobbler.
• Petty theft and shoplifting. Theft of property worth $950 or less, including entering a store during business hours intending to steal $950 or less in merchandise, generally became a misdemeanor.
• Receiving stolen property valued at $950 or less generally became a misdemeanor.
• Forgery and bad-check offenses involving $950 or less — for example, writing or passing a check that was not backed by funds — generally became misdemeanors.

In each case, the $950 figure and the absence of an intent to sell (for drug cases) were the dividing line the measure drew. Property worth more than $950, or drugs possessed with evidence of intent to sell, were not affected by this part of Proposition 47 and could still be charged as felonies.

Resentencing and Reclassification of Older Convictions

Proposition 47 did not only apply going forward. It also created a process for people with older convictions:

• Resentencing. Someone still serving a felony sentence for an offense that Proposition 47 reduced to a misdemeanor could petition the court to be resentenced to a misdemeanor, unless the person had a disqualifying prior conviction or the court found resentencing would pose an unreasonable risk to public safety.
• Reclassification. Someone who had already completed a sentence for one of these offenses could apply to have the felony conviction reclassified as a misdemeanor on their record going forward.

Neither process is automatic. A person has to file a petition, the prosecution can respond, and a judge decides. Someone with an older felony drug or theft conviction in Fresno County who has never looked into whether it qualifies may still have that option available.

What Proposition 47 Did Not Change

Proposition 47 was deliberately narrow, and several things stayed the same:

• It did not apply to anyone with certain disqualifying prior convictions, including specified serious or violent felonies, or a requirement to register as a sex offender.
• It did not reduce robbery — theft accomplished by force or fear — which remains chargeable as a felony.
• It did not reduce residential burglary or other offenses defined separately from simple theft.
• It did not affect theft of property worth more than $950, or drug offenses involving sale, manufacturing, or trafficking.
• It did not erase the fact of a conviction. A misdemeanor conviction still becomes part of a person’s record and can still carry consequences, even though it is a less serious classification than a felony.

How Proposition 36 Rolled Back Parts of Proposition 47 in 2024

In November 2024, California voters approved Proposition 36, a ballot measure that increased penalties for certain repeat theft and drug offenses and rolled back some of what Proposition 47 had put in place ten years earlier. In general terms, Proposition 36:

• Allows certain theft offenses to be charged as felonies for repeat offenders, in situations where a person’s prior theft-related convictions can elevate what would otherwise be a misdemeanor-level theft.
• Created a new felony category tied to repeat drug possession, paired with a court-supervised treatment option as an alternative to incarceration for some defendants.
• Increased penalties in some circumstances involving certain dangerous drugs.

Proposition 36 did not repeal Proposition 47 outright. Simple, first-time drug possession and low-value theft by someone without a relevant record can still be charged as misdemeanors. What changed is that a criminal record — particularly prior theft or drug convictions — now matters more than it did under Proposition 47 alone in determining how a new charge gets filed.

What the Changes Mean for Someone Charged in Fresno Today

For someone facing a drug or theft charge in Fresno County today, whether the case is filed as a felony or a misdemeanor can depend on several fact-specific questions: the dollar value the prosecution assigns to the property involved, the substance and quantity at issue, whether there is any evidence of intent to sell, and — because of Proposition 36 — the person’s prior record. Two people arrested for what looks like the same conduct can end up facing very different charges depending on these details, which is exactly the kind of determination where the involvement of defense counsel, as early as possible, tends to matter most.

How a Fresno Criminal Defense Lawyer Can Help

Mark Broughton has handled drug and theft cases in Fresno and throughout the Central Valley for 40 years, through the years before Proposition 47, the years it was in effect, and the changes brought by Proposition 36. In these cases, he:

• Evaluates whether a charge has been correctly filed as a felony or a misdemeanor under current law, including how the value of property was calculated.
• Reviews a client’s criminal history to determine whether prior convictions affect how a new charge can be filed under Proposition 36, or whether an older conviction qualifies for resentencing or reclassification under Proposition 47.
• Challenges the evidence behind a drug possession charge, including how the substance was found and whether the search that led to it was lawful.
• Challenges how the prosecution valued property in a theft case, since the $950 threshold can be a genuinely contested fact.
• Files petitions to resentence or reclassify eligible older felony convictions.
• Negotiates with the Fresno County District Attorney’s office toward the most favorable resolution available given the specific facts and the client’s record.

What to Do

Drug possession charges in particular often arise out of a search — of a person, a vehicle, or a home. If you believe you were searched illegally in connection with your arrest, what you do in the first days afterward can matter a great deal:

1. Do not discuss the details of your case with anyone except your attorney — not with police, not on social media, and not with friends or family who could be asked to repeat it.
2. Write down what you remember as soon as possible, including where the search happened, what officers said, whether you consented to anything, and the order events happened in, while the details are still fresh.
3. Preserve anything that could support your account, such as receipts, phone records, photographs, or the names of anyone who witnessed the encounter.
4. Contact a criminal defense attorney as soon as you can. A possible illegal search needs to be identified and raised early in the case, and an attorney can advise you on the right way to do that given the specific facts.

FAQ

Does Proposition 47 mean drug possession is legal in California?

No. Simple possession of a controlled substance for personal use is still a crime in California — Proposition 47 changed it from a felony to a misdemeanor in most cases, it did not make it legal. Possession with intent to sell, and other drug offenses, are unaffected and can still be charged as felonies.

Can I still go to jail for a misdemeanor under Proposition 47?

Yes. A misdemeanor conviction can still result in time in county jail, generally up to a year, along with fines and probation conditions. “Misdemeanor” means a less serious classification than a felony, not that no penalty applies.

Am I automatically eligible to have an old felony reduced to a misdemeanor?

No. Resentencing and reclassification under Proposition 47 both require filing a petition, and eligibility depends on the specific offense and whether the person has a disqualifying prior conviction. A court reviews each petition individually.

Did Proposition 36 undo Proposition 47 completely?

No. Proposition 36 changed how certain repeat theft and drug offenses are charged, particularly for people with prior convictions, but it did not eliminate the misdemeanor treatment Proposition 47 created for first-time, low-level offenses.

How do I know if my theft charge will be filed as a felony or a misdemeanor?

It depends on the value of the property involved, how that value is calculated, and your criminal history, especially under the changes made by Proposition 36. Because these determinations are fact-specific, the most reliable way to find out is to have a defense attorney review the details of your case.

Talk to Mark Broughton About Your Case

If you or someone in your family is facing a drug or theft charge in Fresno or anywhere in the Central Valley, the sooner an experienced criminal defense attorney reviews the details, the more options are usually available. Contact Mark Broughton for a consultation at fresnocriminallawyer.com/consultation/ or call (559) 691-6222.

The information on this website is general information for the public and is not intended as, and should not be taken as, legal advice for any individual case or situation. This information may not reflect the most current legal developments. Every case is different, and no outcome is guaranteed.