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. Petitioner has not been convicted of a felony.*. The clerks office will have a list of local process-serving companies, and youll have to use one of those. 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. Some states allow the expungement of arrests only. Trial: Both sides take turns arguing that the you are guilty or innocent. An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. A criminal defense lawyer from a local law firm can help convicted felons drop a felony conviction to a misdemeanor. These are less serious crimes, with domestic violence and DUIbeing the most common. If it does, make sure youve waited long enough since your conviction, then go to the arresting police department to get copies of your criminal history and fingerprints. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. 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. Expunging a misdemeanor, though, has more benefits than expunging a felony. Wobblers can be charged as either a misdemeanor or as a felony. A skilled criminal defense attorney can file a 17(b) motion and begin the process. Generally you can file a petition for this certificate if you believe you are innocent of a crime for which you were convicted, and youve discovered new and exonerating evidence that wasnt available at the time of your conviction. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. When a Misdemeanor Charge Can be Raised to a Felony Unfortunately, it is possible for your misdemeanor charges to be raised to a felony. Felons can demonstrate their efforts to live an honest life by doing several things: Seekingexpungement or sealingof their records can help significantly. A "wobbler" is an offense that may be prosecuted as a felony or as a misdemeanor. Prosecutors and the court system both want to resolve cases quickly. Constitutional claims leading to Certificates of Actual Innocence often are brought by nonprofit legal-aid societies such as the. the defendant must have been sentenced to a term of probation, rather than to prison. 1. References Your records will automatically be sealed, although it may take some time for that to happen. The benefit of reducing a felony to a misdemeanor has to do with restoring some of the rights that are lost as a result of a felony conviction. 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. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. Child Abuse Penalties and Sentences. If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. This can lead to an earlier hearing for the motion. For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced. Finding employment as a felon is tough. not having to admit to a felony conviction on a housing, loan, or job application. 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. Rules and procedures for applying for a governors pardon are different from one state to the next. the court does not think that the defendant poses an unreasonable risk of danger to public safety. It asks the judge to reduce an eligible felony conviction to a misdemeanor. ; Texas Government Code 411.073 and 411.0735.; Montana Code 46-18-1101.; CRS 24-72-704 to 24-72-70, which only allows certain felony offenses involving drugs to be expunged. Contact Coalter Law, PLLC, today and talk to an experienced criminal defense attorney. An example of reducing a felony offense to a misdemeanor is if the defendant is charged with DUI causing injury (Vehicle Code 23153 VC). The judge will also want to know the severity of the offense, whether a defendant has completed probation, if there were any probation violations, and prior criminal history. Having a felony on your record can cause serious problems even after youve served your sentence. Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. This article has been viewed 128,328 times. Misdemeanors are also divided into categories depending on the seriousness of each crime. Unlike petitions for expungement or sealing of records, there is no waiting period to file an actual-innocence petition. Copyright 2023 Shouse Law Group, A.P.C. In some states, felony crimes in the lowest category are termed wobbler crimes, such as California, are eligible to be reduced. The terms of the program are designed to rehabilitate the defendant. References. Its because of this, as well as the social stigma of being considered a felon, that many people wonder if its possible to get a felony reduced to a misdemeanor charge. If you want to get your record sealed, which means its hidden from the general public but still exists, you'll have to wait at least a few years after your conviction. It will no longer list the prior offense as a felony. An example of data being processed may be a unique identifier stored in a cookie. This is essential in getting a job, housing, and obtaining a loan. Eligibility for diversion is strict, though. It lasts for 3 years for grand theft involving $25,000 or more. "This was great to help you in obtaining resources for getting the process going. At the end, unless the you waive your right to a trial by jury, the jury will deliberate and decide on a verdict. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. We and our partners use cookies to Store and/or access information on a device. Do not pursue a Certificate of Actual Innocence without legal representation. First, check your states requirements for reducing felonies, since every state is different. Arizona disqualifies any person convicted of a crime "involving moral turpitude or of a nature that is incompatible with the duties of a notary public" (ARS 41-330.A.2). In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. % of people told us that this article helped them. 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. Generally you cannot have had any further brushes with the law and must be a responsible and law-abiding member of the community. Legal aid offices may also have the appropriate forms. The reason most felony cases begin in District Court is because it gives investigators, as well as a defendants attorney, time to review the charges and evidence in the case. By using our site, you agree to our. Every crime in California is defined by a specific code section. 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. Shouse Law Group has wonderful customer service. To reduce a felony to a misdemeanor in Virginia, you have to get . at the completion of the felony probation period. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. California law states moral turpitude as grounds for the denial, suspension or revocation of a commission (Government Code 8214.1 [b]). A charge of statutory rape carries serious criminal penalties, including a listing on the sex-offender registry. After you submit your documents, prepare to attend a hearing, if necessary. Thanks to all authors for creating a page that has been read 128,328 times. Spousal battery (Penal Code 243 PC) is a misdemeanor. agreeing not to commit any other laws while on probation. Crimes which fall within the lowest classification may qualify for some type of adjudicated sentence. Prosecutors have discretion over which type of charge to file. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. It was me against 9 others in my own home. Research source This, of course, depends on the circumstances of your case such as the evidence against you and how clean your criminal history is. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. 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. After researching to assist a family member with finding work, Ron realized that the information he required wasnt reliable. For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. The server must complete and sign a "Proof of Service" or "Affidavit of Service." Youll also need to fill out a Motion or Petition for Expungement, file it with the court, and appear in court for your hearing. A felony conviction (such as vehicular manslaughter, homicide, or murder), on the other hand, often leads to prison time. Offenses that Can Be Classified as a Felony or Misdemeanor. Elsewhere it may begin on the day you leave jail. Thats why we have aggregated the best jobs for felons in one spot. In some states you must first complete any period of probation and pay all fines. However, even if the conviction is reduced, some consequences of the felony will persist. In most states, child abuse may be charged as either a felony or a less serious misdemeanor offense, depending on the circumstances. The most severe child abuse cases can carry harsh sentences, including felony lifetime sentences, while the least serious misdemeanor cases might potentially result in no . But there is an opportunity available to those who want it. 7A-271 (a) (1) (plea to a lesser-included misdemeanor) or 7A-271 (a) (4) (plea to a misdemeanor A lawyer can then provide the legal advice needed to expunge the criminal charge from their record. "Reading the information helped me see the steps I need to take to help myself in a case against me.". Very helpful with any questions and concerns and I can't thank them enough for the experience I had. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. X A misdemeanor is a less serious crime than a felony. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. Use tab to navigate through the menu items. The court will ask why a defendant is seeking a reduction. 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? Some common conditions of probation include: In California, probation lasts 2 years for non-violent felonies. 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. In this case, 83% of readers who voted found the article helpful, earning it our reader-approved status. "Great help in getting the ball rolling in accomplishing said tasks for myself, hopefully will be successful in. 14-3, 14-50.22, 15A-1340.11, 15A-1340.23 (2022).) One of these is the defendants gun rights. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. For all three categories, G.S. Among the reasons may be: Employment Rental applications Felony charge or misdemeanor charge was disposed of by a dismissal, finding of not guilty, or finding of not responsible. Learn how you can get your rights back as a felon. By signing up you are agreeing to receive emails according to our privacy policy. If you are pardoned, the conviction will remain on your record. You are still eligible if you were granted probation or only served time in county jail. In California, you are not eligible if you served time in prison. This form is encrypted and protected by attorney-client confidentiality. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. The collateral consequences are significantly less for a misdemeanor. How Misdemeanor Sentencing Works in North Carolina. For any further questions, please contact a lawyer directly. Many states, including California, have a process for requesting courts to reduce a felony charge to a misdemeanor after the defendant has completed his or her probation. Find housing for felons, listed by state. This requires a 17(b) motion. Other states use a numbering system going from Class 1, the most serious, to Class 6, the least serious. 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? These issues can be even more difficult to contend with if you never committed the crime in the first place. We do not handle any of the following cases: And we do not handle any cases outside of California. She received her JD from Indiana University Maurer School of Law in 2006. BRUNSWICK COUNTY Iowa Code 901C.3. Have you or someone you know had a felony reduced? They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. 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. However, there are some collateral repercussions of a felony conviction that will remain. 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. Californias criminal law has 3 types of pretrial diversion programs: Only mental health diversion is available for felony-level offenses. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. There are several factors the court will consider. Last Updated: November 19, 2022 Should you be convicted of a misdemeanor DUI, you may face . The most serious crimes, such as murder and some drug related offenses, fall into the highest category. Different states and jurisdictions have different diversion programs. This blog post will address the question of when a felony can be reduced to a misdemeanor. a. This may only be an option for certain criminal offenses. In exchange for the guilty plea to the misdemeanor, the district attorney will drop the felony charges. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/a\/a7\/Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg\/v4-460px-Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg","bigUrl":"\/images\/thumb\/a\/a7\/Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg\/aid1303155-v4-728px-Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"