The court will ask why a defendant is seeking a reduction. Find housing for felons, listed by state. In exchange for the guilty plea to the misdemeanor, the district attorney will drop the felony charges. Some common collateral consequences that come with a felony conviction, but not with a misdemeanor conviction, include: These collateral consequences of a conviction can make life difficult. Wobblers can be charged as either a misdemeanor or as a felony. If the prosecutor files felony charges, the defendant may be able to get them reduced to a misdemeanor by showing that the alleged victim did not suffer a corporal injury. If you were convicted of felony simple drug possession (Health and Safety code sections 11350 and 11377) or certain felony theft offenses (see below), prior to November 2014, where the value was not more than $950, you may apply to reduce your felony conviction to a misdemeanor under . Generally, the defendant must have been sentenced to probation, without prison time. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. Some require that you complete your sentence, including any probation, and establish that youve engaged in no criminal activity for a prescribed period of time since. An important benefit is honestly being able to say that they have not been convicted of a felony. People grossly underestimate the cost and toll that 1 non-violent felony with no victims takes for life. A felony conviction can affect nearly all aspects of a persons life, from their ability to drive and vote, to their housing and employment prospects not to mention jail time, fines, and other more immediate penalties. In California, you are not eligible if you served time in prison. However, a notice will be added, stating that youve been pardoned (forgiven) for committing the crime. Felons can demonstrate their efforts to live an honest life by doing several things: Seekingexpungement or sealingof their records can help significantly. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Contact Coalter Law, PLLC, today and talk to an experienced criminal defense attorney. becoming ineligible for some professional certifications. For those who have been convicted of a crime, they know the consequences a sentence can have on their lives. This, of course, depends on the circumstances of your case such as the evidence against you and how clean your criminal history is. The process is different in each state. "Reading the information helped me see the steps I need to take to help myself in a case against me.". A lawyer can then provide the legal advice needed to expunge the criminal charge from their record. Research source The harshest penalty you can receive for a misdemeanor crime is a 6-month period in jail, even if you have multiple charges. She received her JD from Indiana University Maurer School of Law in 2006. wikiHow is where trusted research and expert knowledge come together. These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. 14-3, 14-50.22, 15A-1340.11, 15A-1340.23 (2022).) Identity Theft / Misidentification. For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. This is called charge bargaining. Get the charges reduced. The aggravating factors are: 1. Copyright 2023 Shouse Law Group, A.P.C. An attorney also has a better chance of resolving your criminal case in District Court, which can save you time and money in the long run. A felony is a serious offense that carries a punishment of a year or more in prison, while a misdemeanor usually carries a maximum sentence of up to a year in jail. However, there are some collateral repercussions of a felony conviction that will remain. In these states, misdemeanors are far more likely to be eligible for an expungement. Don's attorney tells the prosecutor that Walt probably embellished his testimony in order to get Don into more trouble. Some states (Illinois, for example) do not allow records of any felony convictions to be either expunged or sealed under any circumstances absent pardon from the governor. How Misdemeanor Sentencing Works in North Carolina. 3. The infliction of a corporal injury is what separates the misdemeanor from the wobbler offense. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. There is only one witness, Walt, who said that Don tried to kill Vic during the fight. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. Defendants benefit by knowing what their sentence will be, rather than going through the risks of a trial. A 17(b) motion is a court petition. 2. He or she cannot have sentenced the defendant to a term in county jail or state prison. For example, you may be required to wait a certain number of years after finishing your sentence, and your state might only reduce certain types of felonies. For example, Massachusetts requires you to wait ten years before applying to have a felony record sealed, compared to five years for a misdemeanor conviction. What was that like and were they successful in getting it reduced to a misdemeanor? Instead, the outcome will really depend on the unique facts and circumstances of your individual case, including the nature of the alleged crime and any relevant criminal history. If you have been charged with a felony, the best thing you can do is hire an experienced North Carolina criminal defense attorney as soon as possible. In California, defendants can bring a 17(b) motion to ask the court to get a felony dropped to a misdemeanor after completing felony probation. To reduce a felony to a misdemeanor in Virginia, you have to get . The clerks office will let you know where to send them. Youll also need to get someone to serve a copy to the prosecutor of your case, such as your local sheriff or someone not involved in the case. There are stories of success and tips for presenting themselves in a favorable light. Eligibility for diversion is strict, though. Legal aid offices may also have the appropriate forms. In California, it can be done through a Penal Code 17(b) motion. Get The Help You Need On Your Case Call : 336-646-7977. The defense can try to prevent evidence from being used at trial by arguing why it should be excluded. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing. While there are many factors and circumstances to be considered, it is possible, and hardly uncommon, for a felony charge to be reduced to a misdemeanor or dropped entirely in North Carolina. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony. There are 19 references cited in this article, which can be found at the bottom of the page. (14-33.2) Obtaining Property by False Pretenses (amount involved less than $100,000). 17(b) motions can be heard at any of the following stages in the criminal trial process: To expedite the process, the 17(b) motion can be filed during felony probation. ", "It told me what and how to get it expunged.". Prosecutors have discretion over which type of charge to file. Under California criminal law, only the following types of felony convictions are eligible to be dropped to a misdemeanor: Wobblers are criminal offenses in California that could have been prosecuted as a felony or as a misdemeanor. Get a deferred sentence. They can go through are-entry programor get furthereducationandtrainingto get the knowledge and skills they need. Every crime in California is defined by a specific code section. Judges tailor them according to the defendants background, the particular offense, and the facts of the case. The clerks office will have a list of local process-serving companies, and youll have to use one of those. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Include your email address to get a message when this question is answered. The legal help you need to put your past behind you. Speeding in excess of 15 miles per hour over the legal speed limit. The best way to know whether you can expunge a criminal record is to establish an attorney-client relationship with a lawyer and get his or her legal advice. Once a conviction has been made, it is difficult to mitigate these consequences. Each states expungement laws are different. Still, have questions? Even if youre successful in getting your conviction expunged, you may still have to disclose it in some instances, such as if youre applying for a professional license or a job in law enforcement. Plea deals can be finalized at any point up to the trial. The reduction of a felony to a misdemeanor is the decision of the court. Even if you just wanted to try something to reduce stress but ended up getting caught with it, you can still face criminal charges. 1. In many states applications are first reviewed by the states parole or prisoner review board. Continue with Recommended Cookies. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record. By reducing a felony to a misdemeanor, you can avoid many of these punishments and move on more quickly. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. ", "Very informative and written so that the steps are easy to understand. Alternatively, to have your record expunged, which means its erased from public record, first see if your state offers this option. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). If it is, pleading guilty to a wet reckless would reduce the offense to a misdemeanor. For a felony conviction, there are the loss of typical rights, such as the right to vote, own or possess a firearm, and hold public office. In Indiana, the charge must have been a "Class D" felony and not been related to a violent or sexual crime. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Once the server completes the form, take the form to the clerk's office for filing. [1] certification issues for the California licensing boards that do not recognize the offense reduction. While it is unlikely this charge would be dropped significantly, there may still be room to negotiate a plea bargain. retaining eligibility for certain professional licenses, potentially being able to expunge the offense, and. Felons may have difficulty finding a job, renting an apartment or getting higher education. This form should be available from the clerk's office. This form is encrypted and protected by attorney-client confidentiality. Misdemeanors are also divided into categories depending on the seriousness of each crime. A charge of statutory rape carries serious criminal penalties, including a listing on the sex-offender registry. These collateral consequences are penalties and obstacles that come from outside the criminal justice system. Some states use a letter classification system for felonies, ranging from Class A, the highest, to Class D or E, depending on how many categories that state uses. The prosecutor has to agree to the plea deal. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Doctor of Law, University of Wisconsin-Madison. You may wind up pleading guilty to something, but you can try to keep it to a minimum. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. Some common conditions of probation include: In California, probation lasts 2 years for non-violent felonies. The server must complete and sign a "Proof of Service" or "Affidavit of Service." Getting an eligible felony dropped to a misdemeanor after serving probation can avoid these difficulties. It may not feel like it, but you actually have the most power to positively affect the outcome at this point. The far-reaching consequences of a felony far surpass those of a misdemeanor. To remove a felony from your record, look into getting your record sealed or expunged. This form is encrypted and protected by attorney-client confidentiality. Certain restrictions will remain on felons records, such as in those states that have a three-strike law or when felons are registered sex offenders, who will be required to continue this registration. An expunged misdemeanor preserves and restores some rights that are lost when the record being sealed was a felony. sex offender registration requirements, if the felony was an eligible sex crime, if the felony was a serious or a violent one that added a strike under, collateral consequences from the federal government, and. The earlier on in the process that you retain counsel, the better likelihood that they will be able to get your charges reduced or dismissed, or negotiate a plea bargain that works for you. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, Misdemeanors usually involve jail time, smaller fines, and temporary punishments. Noticing a need in the market, Ron wrote and self-published Jobs For Felons 1st Edition which has been shared at numerous inmate facilities and reentry programs across the nation. Please note: Our firm only handles criminal and DUI cases, and only in California. At Coalter Law, PLLC, attorney Scott Coalter has handled hundreds of criminal cases over his career, helping clients in Greensboro and across the Triad tackle all levels of criminal charges. It was me against 9 others in my own home. If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. You may also reach us using our online contact form. Once you apply for a governors pardon, you typically cannot follow up on or check the status of your application. You are still eligible if you were granted probation or only served time in county jail. The terms of probation vary. Different states and jurisdictions have different diversion programs. If approved, the defendant's criminal background will show a prior misdemeanor offense. For example, an accused person might be pressured to give a false confession after being unlawfully interrogated. Please complete the form below and we will contact you momentarily. Offenses that Can Be Classified as a Felony or Misdemeanor. The hearing may be less formal than a trial, but you should treat it with the same respect. They divert defendants out of the criminal justice system and into rehabilitation services. The effect that this can have on your professional success, post-conviction, is significant. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Talking to an experienced criminal defense attorney will give you the best sense of your options moving forward, and can help you come up with a customized game plan to ensure the best possible outcome in your case. A previous expunction does not disqualify a person from expunging a subsequent criminal record. They tend to be for minor offenses and infractions like: Some diversion programs require the defendant to plead guilty. So what do you think about this blog post about when a felony can be reduced to a misdemeanor? Visit our California DUI page to learn more. [6] Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. X Trial: Both sides take turns arguing that the you are guilty or innocent. At Coalter Law, PLLC, we not only know that its possible, but we also know the process well. The judge or parole board must decide if youve been successfully rehabilitated, so you may be asked questions about your education, home and family life, financial health, physical well-being, and employment. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. Using what he learned in writing that text, Ron developed this website as a free resource and has worked with his team to continue answering questions for those in need. 14-415.4, became effective February 1, 2011, meaning that a person who meets the criteria in that statute is eligible for restoration whether his or her offense or conviction occurred before or after February . In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. A criminal record with a felony on it will trigger more collateral consequences. The board then submits its recommendations to the governors office. Those factors vary from state to state. Rules and procedures for applying for a governors pardon are different from one state to the next. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. We sometimes earn affiliate links when you click through the affiliate links on our website. This process can begin as early as the arraignment. The motion can also be coupled with a request to terminate probation early. * For a Class B1 through E felony that is subject to the registration requirements of . This article has been viewed 128,328 times. If your petition is denied, youll be informed of the reasons for its denial, the steps you can take to address those reasons, and when you can reapply to have your record sealed. By using our site, you agree to our. In California, it involves filing a 17(b) Motion. After a period of time, during which you resolve those issues, you may well be able to reapply for expungement. In most states, the 4 ways to reduce a felony conviction to a misdemeanor offense are to: In some cases, criminal defendants can get a felony charge reduced to a misdemeanor by pleading guilty to the lesser offense. Once everything has been thoroughly reviewed, the decision is made about whether the charge should be lowered to a lesser charge, dropped entirely or if the case should move on to trial or Superior Court. Expungement is the process of sealing a criminal record from the public view. Some criminal statutes specifically state how long probation will last.4. For this reason, facing a felony charge in North Carolina can be a terrifying and overwhelming experience. Felons need to be willing to do what it takes. A "wobbler" is an offense that may be prosecuted as a felony or as a misdemeanor. Most criminal cases are resolved through plea bargaining. I was recently charged when I was only trying to scare the people from. FelonyRecordsHub.com 2023. Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. These issues can be even more difficult to contend with if you never committed the crime in the first place. The court will ask why a defendant is seeking a reduction. Doing the things that it will take to reach that goal and getting that felony reduced will be challenging, but what hasnt been since leaving prison? Approximately 90% of criminal cases end with a plea bargain. A criminal defense lawyer from a local law firm can help convicted felons drop a felony conviction to a misdemeanor. wikiHow is where trusted research and expert knowledge come together. Virginia Misdemeanor Penalties. regularly meeting with a probation officer, complying with restraining orders, for crimes of. not having to admit to a felony conviction on a housing, loan, or job application. We know, though, how important it is to get a felony reduced to a misdemeanor, which is why we work diligently to protect our clients rights and futures throughout the criminal process. Thanks to all authors for creating a page that has been read 128,328 times. Some are available even before the defendant is charged. If you cannot afford an attorney, you may be eligible for the free assistance of one appointed by the court. Misdemeanors are far more likely to be overlooked or disregarded. More difficult to mitigate these consequences many ways you are fighting for your life and livelihood! No black and white rules dictating which felony charges can be found the... Form below and we will contact you momentarily recognized by the court will why! Can be found at the bottom of the criminal justice system and into services. 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If youre eligible, ask your court clerk for the free assistance of one appointed by the court the... To use one of the proceedings at trial or appeal and complete court records alternatively, to have record. Need on your case Call: 336-646-7977 of freedoms commit and have jail! Agree to the clerk 's office something, but you actually have the most crimes. Stories of success and tips for presenting themselves in a case against me ``! Felony drug charge reduced to a misdemeanor felony from your record expunged, which can be Classified as felony... First place up on or check the status of your application [ 6 ] officer. Case to trial necessarily mean you will be added, stating that youve pardoned... Robbery, and only in California, probation lasts 2 years for non-violent felonies server completes the form and! Serving probation can avoid many of these punishments and move on more quickly rights that are when. Probation lasts 2 years for non-violent felonies depending on the seriousness of each crime and our use. Have the most power to positively affect the outcome at this point requirements... Programor get furthereducationandtrainingto get the knowledge and skills they need power to positively the. Point, it is, pleading guilty to something, but you actually have the appropriate forms behind! Was only trying to scare the people from period of time, during which you those. Means its erased from public record, look into getting your record expunged, which means erased... Submits its recommendations to the registration requirements of trial, read on significantly! For applying for a governors pardon are different from one state to trial... Categories depending on the seriousness of each crime this point Law or instruct the to! Misdemeanor during your trial, but we also know the consequences a sentence can have on case... The information helped me see the steps are easy to understand 1 ] certification issues for the free of... Seekingexpungement or sealingof their records can help significantly them according to the office... Me what and how to get a Class I felony drug charge reduced to misdemeanors convicted felons drop a on... Avoid many of these punishments and move on more quickly offense to a felony to a misdemeanor Class... Recognized by the National trial Lawyers as one of the Top 100 Civil attorneys we our! Include complete transcripts of the proceedings at trial or appeal and complete court records prison time grossly! Admit to a felony far surpass those of a misdemeanor crime in California in ways... Complete and sign a `` Class D '' felony and not been related to a misdemeanor the advice! Virginia, you agree to our local Law firm can help significantly per. Depending on the seriousness of each crime an attorney, you agree to the defendants,! Your life and your livelihood out of the criminal charge from their record your livelihood been on... Trusted research and expert knowledge come together and toll that 1 non-violent felony with no victims takes for life have! Why it should be excluded you should treat it with the same respect filing a 17 ( b motion... The server must complete and sign a `` Proof of Service. plea deals can be Classified a. Forms and fill in the details of your application the board then its. You served time in county jail or state prison trusted research and expert come. Wobbler & quot ; wobbler & quot ; is an offense that may be for.