Not all charges can be brought as a felony or a misdemeanor. However, for those charges that have this dual nature, when the prosecutor brings charges as a felony, can the defense attorney ask the judge to consider if a misdemeanor is more appropriate? The answer is yes, which is what a “17(b) Motion” does. What type of arguments is the judge keen to read? What factors are important? To read more about 17(b) motions, click on the following link.