Early End to Probation, Felony Domestic Violence, AB 1950

With the passage of Assembly Bill 1950 into law, effective January 1, 2021, the probation period for all misdemeanors is to be limited to one year and all felonies to two years, with certain exceptions specified in the new law. This law modified Penal Code § 1203a for misdemeanor and § 1203.1 for felonies.

The law, decreasing punishment, is retroactive.

The exceptions are certainly important to know. There are five general areas to know for felonies. First, the law does not apply to any violent felony listed under Penal Code § 667.5(c), which lists the offenses considered under the Three Strikes Law as violent offenses.

Second, AB 1950 does not apply to any offense with a specified period of probation stated within the offense, i.e., felony DUI (Vehicle Code § 23153 – three years minimum), felony witness intimidation (Penal Code § 136.1(a) or (b)) (3 years), felony violation of a family law restraining order prohibiting gun ownership (Penal Code § 166(d)(1)) (3 years) and many others.

Assembly Bill 1950 also does not apply to any felony conviction for violating Penal Code § 487 (b)(3), if the total value of the property taken exceeds $25,000. In this case, the maximum term of probation is three years. Fourth, it does not apply felony conviction for violating Penal Code § 503, if the total value of the property taken exceeds $25,000. In this case, the maximum term of probation is three years. Fifth, it does not apply to any felony conviction for violating Penal Code § 532a, if the total value of the property taken exceeds $25,000. In this case, the maximum term of probation is three years.

Legal scholars have argued that domestic violence is also an exception to the two year probation period because Penal Code § 1203.097 specifies the period of probation to be three years, but there is some debate as to whether this is legally correct because 1203.097 was passed many years before AB 1950 and new laws are presumed to supersedes old laws or change them. If the judge believes 1203.097 controls over AB 1950, then probation must last at least three years for a felony domestic violence charge and can be up to five years, depending upon the original plea.

Legal scholars also argue that under § 1203.097, probation for a violation of Penal Code § 245(a)(4), assault by means likely to cause great bodily injury, when the victim is a person considered a victim of domestic violence (i.e., a spouse or former spouse, girlfriend, boyfriend, etc.), then the minimum probation period can be two years, but can also be up to four years, depending upon the original plea terms.

In our client’s case, he had entered into a plea bargain in San Luis Obispo County for a violation of two counts of felony domestic violence, Penal Code § 273.5(a), one count of felony assault by means likely to cause great bodily injury, Penal Code § 245(a)(4), one count of felony witness intimidation, Penal Code § 136.1(b) and one count of felony false imprisonment, Penal Code § 236.

San Luis Obispo CourthouseThe judge further advised Greg that he would deny any request to have the felonies reduced to misdemeanors and would deny any petition for dismissal (“expungement”) based on a finding that our client did not successfully complete probation because probation was terminated early.