What Is a Motion to Reclassify a Felony as a Misdemeanor?

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.


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