Existing law provides that a crime punishable with death, by imprisonment in the state prison, or by imprisonment in a county jail for more than one year is a felony and all other offenses, except those that are classified as infractions, are misdemeanors. Existing law further provides that a crime that is punishable, in the discretion of the court, as a felony or as a misdemeanor is a misdemeanor under certain circumstances, including when, at or before the preliminary examination or prior to a certain order being filed, the magistrate determines that the offense is a misdemeanor.
This bill would instead make a crime a misdemeanor under that condition any time the court determines that the offense is a misdemeanor.

Statutes affected:
AB 321: 17 PEN
01/24/25 - Introduced: 17 PEN