A plea bargain could help you avoid the harshest possible sentence and a jury trial by agreeing to negotiated terms and conditions, such as serving a specified amount of jail time, completing an alcohol treatment program, or other agreed-upon terms. the court does not think that the defendant poses an unreasonable risk of danger to public safety. For all three categories, G.S. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. But there is an opportunity available to those who want it. It will no longer list the prior offense as a felony. It asks the judge to reduce an eligible felony conviction to a misdemeanor. Virginia Misdemeanor Penalties. 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. a qualified mental health expert thinks that the defendant would respond to treatment. wikiHow marks an article as reader-approved once it receives enough positive feedback. Offenses that Can Be Classified as a Felony or Misdemeanor. This binding agreement is negotiated through the plea bargain process. Please complete the form below and we will contact you momentarily. Contact Coalter Law, PLLC, today and talk to an experienced criminal defense attorney. In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. Se Habla espaol. In many states applications are first reviewed by the states parole or prisoner review board. These are less serious crimes, with domestic violence and DUIbeing the most common. This is called charge bargaining. assault with a deadly weapon (Penal Code 245(a)(1) PC). Felony cases in North Carolina typically start out in the District Court, though more serious crimes may be sent directly to Superior Court. In the lowest class of felonies are such crimes as possession of a small amount of certain drugs, receiving a stolen firearm, Internet gambling, or sale of child pornography. This only works for wobblers, however. Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. 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. Visit our California DUI page to learn more. 7A-271 (a) (1) (plea to a lesser-included misdemeanor) or 7A-271 (a) (4) (plea to a misdemeanor a. A criminal defense lawyer from a local law firm can help convicted felons drop a felony conviction to a misdemeanor. "Reading the information helped me see the steps I need to take to help myself in a case against me.". completing treatment programs, often for sex crimes. The same is true if the judge sentenced the defendant to probation, but then the defendant violated probation and was sent to jail. It asks the judge to reduce an eligible felony conviction to a misdemeanor. 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). There are strict standards for proving you are rehabilitated, and these standards differ from state to state. This process can begin as early as the arraignment. There are numerous important benefits in getting a reduction. Unlike petitions for expungement or sealing of records, there is no waiting period to file an actual-innocence petition. ", How to Get a Felony Reduced to a Misdemeanor, http://criminal.findlaw.com/criminal-law-basics/what-distinguishes-a-misdemeanor-from-a-felony.html, https://www.lawyers.com/legal-info/criminal/criminal-law-basics/public-defenders.html, http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/plea-bargain.htm, http://moritzlaw.osu.edu/epub/mayhew-hite/2012/05/plea-bargaining-just-as-it-ever-was/, http://litigation.findlaw.com/going-to-court/what-is-a-motion.html, http://www.shouselaw.com/reducing-felony-to-misdmeanor.html, http://www.awmlaw.com/HOW-TO-HAVE-AN-INDIANA-FELONY-CONVICTION-REDUCED-TO-A-MISDEMEANOR.shtml. By signing up you are agreeing to receive emails according to our privacy policy. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. These are at the conclusion of the preliminary hearing, the time of felony sentencing, and after completing the sentence and probation. Consumption of an impairing substance; or b. If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. [6] 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 . There is a major reward for your loved one and the family if that felony is reduced to a misdemeanor. The prosecutor realizes that Walt may not be a good witness, and offers to drop the attempted murder charge if Don will plead guilty to battery, which is only a misdemeanor. 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. It will no longer list the prior offense as a felony. To learn how to get a certificate of actual innocence, keep reading! Complete the state's forms. These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. To remove a felony from your record, look into getting your record sealed or expunged. In California, it can be done through a Penal Code 17(b) motion. Prosecutors have discretion over which type of charge to file. A criminal record can affect job, immigration, licensing and even housing opportunities. Then, go to the state court or probation office to fill out the appropriate forms. An important benefit is honestly being able to say that they have not been convicted of a felony. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Below the level of felonies, of course, are misdemeanors. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. ", "Thanks for the help and quick, straight-to-the-point information. Offenses such as aggravated battery, spousal battery, grand theft, and possession of a controlled substance, are examples of wobblers. The server must complete and sign a "Proof of Service" or "Affidavit of Service." BRUNSWICK COUNTY On the other hand, a charge of statutory rape, brought against a 19-year-old boy for having a consensual sexual relationship with his 17 -year-old girlfriend, where the boy has no prior criminal history, is an excellent candidate for a reduced sentence or possibly even dismissal. at the completion of the felony probation period. Call our Greensboro office at 336-646-7977 and schedule your free initial consultation. You should consider talking to a criminal defense attorney if you find the forms or process difficult or have problems obtaining the documents or related information. Plea deals can be finalized at any point up to the trial. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, "Very interesting information to know. They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. If the judge denied probation and imposed a term in confinement, the offense cannot be dropped to a misdemeanor. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. Police officers and district attorneys may attend your hearing to object to the expungement of your record. The reduction of a felony to a misdemeanor is the decision of the court. This article has been viewed 594,355 times. Courts can only approve pretrial diversion if all of the following conditions are met: The reduction of a felony can also be obtained after felony probation. The waiting period doesnt start until after youve finished all aspects of your sentence. One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. If members of the public cannot see it, they cannot discriminate against someone for having a prior criminal conviction. What felony charges can be dropped to a misdemeanor? Again, court time is precious, and jail space is limited. Get The Help You Need On Your Case Call : 336-646-7977. 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. For those who have been convicted of a crime, they know the consequences a sentence can have on their lives. A previous expunction does not disqualify a person from expunging a subsequent criminal record. If you have to file your forms with a clerk of the court, expect to pay filing fees ranging from less than a hundred dollars to a few hundred dollars. Speeding in excess of 15 miles per hour over the legal speed limit. A charge of statutory rape carries serious criminal penalties, including a listing on the sex-offender registry. becoming ineligible for some professional certifications. 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.In California, it can be done through a Penal Code 17(b) motion.Reducing the offense has many benefits, and can help expunge the offense.. What are 4 ways to reduce a felony conviction to a misdemeanor? This one hardly needs to be explained, but yes - the state can move forward with indicting the felony, and then (assuming both parties still want to take the plea) the defendant can plead down to a misdemeanor in superior court, pursuant to G.S. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. There are typically several points at which a reduction can be requested. 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 . 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. The person does not have or will not provide valid identification, or the provided identification cannot be verified and the person is unwilling to provide fingerprints. 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. checking in regularly with a court officer or a program officer, passing random drug testing requirements, and. The far-reaching consequences of a felony far surpass those of a misdemeanor. 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. Shouse Law Group has wonderful customer service. the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. 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. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Elsewhere it may begin on the day you leave jail. For families of felons in the position of wanting to reduce a felony to a misdemeanor, be there to encourage and cheer them on. Of 15 miles per hour over the legal speed limit for Personalised ads and content ad... Finalized at any point up to the state court or probation office to fill out the appropriate forms been on! Misdemeanors and felony convictions was sent to jail completing the sentence and probation the help and,. How to get a certificate of actual innocence, keep Reading more serious crimes, with domestic violence and the... 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Are examples of wobblers are at the conclusion of the signed expungement Order to to... Begin as early as the arraignment assault with a deadly weapon ( Penal Code 17 ( ). Coalter law, PLLC, Today and talk to an experienced criminal defense attorney offense. Our attorneys explain the law, PLLC, Today and talk to an experienced criminal defense.. Have on their lives details of your record any point up to the of... Though more serious crimes may be sent directly to Superior court not likely to commit another crime immigration! Begin as early as the arraignment if the judge to reduce an eligible conviction... Of statutory rape carries serious criminal penalties, including a listing on the sex-offender registry to stay out trouble. An important benefit is honestly being able to say that they have been... To jail 245 ( a ) ( 1 ) PC ) sides in collect and information... The defendant poses an unreasonable risk of danger to public safety crime lab errors may get your reduced! 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