To attempt to have charges reduced, the offense first needs to be one that can be classified as either a felony or a misdemeanor. The prosecutor has to agree to the plea deal. Can a Felony be Reduced to a Misdemeanor in North Carolina? 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. Lowering A Felony To A Misdemeanor In North Carolina Felony charges on an individual's record can be incredibly devastating, affecting everything from employment to access to affordable housing. 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. 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. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. The most important components of the change are detailed below: Misdemeanor convictions can now be expunged after 5 years instead . However, you must maintain a clean record during that waiting period. Se Habla espaol. Please complete the form below and we will contact you momentarily. This could easily derail a young persons life. Browse our jobs, find one you like, and get back to work today. It lasts for 3 years for grand theft involving $25,000 or more. You are still eligible if you were granted probation or only served time in county jail. Misdemeanors are far more likely to be overlooked or disregarded. For example, explain to the judge that you are no longer abusing drugs or alcohol or involved with gangs, if those factored in to your conviction. They tend to be for minor offenses and infractions like: Some diversion programs require the defendant to plead guilty. For example, a diversion program for a drug crime will often involve: Successfully completing the program will lead to the charges being dropped or reduced. Information on this site is not legal advice and is strictly informational and may be outdated. This article was written by Jennifer Mueller, JD. In California, this offense can be charged as a felony. (14-100) Breaking or Entering Buildings . In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. When it is an option, though, a criminal defense attorney from a reputable law firm may be able to help use diversion to reduce the offense to a misdemeanor. Please note: Our firm only handles criminal and DUI cases, and only in California. However, even if the conviction is reduced, some consequences of the felony will persist. Some states do not allow you to expunge felonies at all. Some misdemeanors become felonies with the addition of certain facts. In California, it can be done through a Penal Code 17(b) motion. jumping me. Conviction of a felony typically carries a prison sentence and a term of probation. If you do not accept a plea bargain and are found guilty at trial, you are likely to face a much harsher punishment than what you could have accepted under the plea deal. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. The most serious crimes, such as murder and some drug related offenses, fall into the highest category. They often decide based on the facts of the case. the defendant consents to diversion and agrees to comply with the terms of the treatment, the defendant waives his or her right to a speedy trial, and. Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. An important benefit is honestly being able to say that they have not been convicted of a felony. The convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. 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? There is only one witness, Walt, who said that Don tried to kill Vic during the fight. Felony probation is a term of community supervision. The waiting period doesnt start until after youve finished all aspects of your sentence. 15A-146 contain a bar to relief based on prior expunctions, whether obtained under G.S. Please note: Our firm only handles criminal and DUI cases, and only in California. Nor does G.S. This binding agreement is negotiated through the plea bargain process. Child Abuse Penalties and Sentences. A skilled criminal defense attorney can file a 17(b) motion and begin the process. Wobbler crimes are those that could be classified as a felony or a misdemeanor. All states use a similar classification system, typically dividing felonies into between three to six categories. These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. This may only be an option for certain criminal offenses. 15A-146 no longer contains a bar to relief based on prior convictions, whether for misdemeanors or felonies. (N.C. Gen. Stat. Definitely recommend! 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). 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. There are numerous important benefits in getting a reduction. Once youve filed the necessary forms, youll be notified about your hearing to decide if your felony will be reduced. Offenses such as aggravated battery, spousal battery, grand theft, and possession of a controlled substance, are examples of wobblers. 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. 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. Visit our California DUI page to learn more. Know when the waiting period starts. In some states such as California, if you are granted a Certificate of Rehabilitation, it is automatically transmitted to the governors office as an application for a pardon. State laws generally prohibit a citation from being issued in two common scenarios: The person refuses to sign a written promise to appear or requests to be taken before a judge. During discovery, Don's attorney finds out that Walt has always hated Don. Chapter 15A-145.4 of the North Carolina General Statutes applies to all felonies and misdemeanors with the following exceptions: Class A through G felonies; A felony that includes assault as an essential element of the offense Class 1 misdemeanors are the most serious. b. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. This article has been viewed 594,355 times. ; 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. There are several factors the court will consider. collateral consequences from the federal government, which might still consider the conviction to be a felony offense. 414 Chestnut St, Unit 303. Certificates of Actual Innocence serve to overturn wrongful convictions. If the charge was a wobbler, the sentencing judge must have imposed a term of probation. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. 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. There are four classes of misdemeanors in Virginia. So what do you think about this blog post about when a felony can be reduced to a misdemeanor? This means it can be resolved earlier. Some of the most important are: Not having a felony on your criminal record is extremely important. You may pay higher insurance premiums or higher interest on credit cards. You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. The reduction of a felony to a misdemeanor is the decision of the court. certification issues for certain state licensing boards, like the California State Bar, that do not recognize the reduction, and. Most states dont allow expungement of serious, violent felonies. Some crimes, such as murder, are always considered to be a felony. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. For any further questions, please contact a lawyer directly. the defendants compliance with the terms of probation, including whether the defendant was able to secure an early termination. 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. They were so pleasant and knowledgeable when I contacted them. Legal aid offices may also have the appropriate forms. Expunging a misdemeanor, though, has more benefits than expunging a felony. Prosecutors have discretion over which type of charge to file. Do not pursue a Certificate of Actual Innocence without legal representation. 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. Shouse Law Group has wonderful customer service. Finding employment as a felon is tough. In these states, misdemeanors are far more likely to be eligible for an expungement. This is essential in getting a job, housing, and obtaining a loan. Judges tailor them according to the defendants background, the particular offense, and the facts of the case. Possibly. Offenses that Can Be Classified as a Felony or Misdemeanor. California Penal Code section 1001.36(b) PC. For example, possession of marijuana can be charged at either level, depending on the amount of the substance allegedly on the person at the time of arrest. Why is that? This can lead to an earlier hearing for the motion. After a period of time, during which you resolve those issues, you may well be able to reapply for expungement. They may even petition the court to terminate probation early. Petitioner has not been convicted of a felony.*. Felony charges on an individuals record can be incredibly devastating, affecting everything from employment to access to affordable housing. How Long Does A Background Check Take In 2023. In some states, felony crimes in the lowest category are termed wobbler crimes, such as California, are eligible to be reduced. They can last for years after the sentence has been served. These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. 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. Other states allow certain offenses to be expunged, but not others. Your records will automatically be sealed, although it may take some time for that to happen. The hearing may be less formal than a trial, but you should treat it with the same respect. It may not feel like it, but you actually have the most power to positively affect the outcome at this point. 3972 Business Hwy 17 East, Unit E 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. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. The aggravating factors are: 1. For example, in California, you can only get a felony reduced if the offense was a "wobbler." Criminal Defense And Immigration Considerations. Bolivia, NC, 28422, NEW HANOVER COUNTY As a former Assistant District Attorney, attorney Patrick Roberts has extensive experience evaluating alleged felony offenses. The collateral consequences of a felony conviction are much more severe than for a misdemeanor. 14-3, 14-50.22, 15A-1340.11, 15A-1340.23 (2022).) The court will ask why a defendant is seeking a reduction. Reducing the offense has many benefits, and can help expunge the offense. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. References. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. agreeing not to commit another crime while out on probation, complying with any restraining orders in effect, and. Some states never allow convictions to be expunged, or sealed from view. Definitely recommend! checking in regularly with a court officer or a program officer, passing random drug testing requirements, and. NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION CLASSIFICATION OF A SAMPLE OF OFFENSES . At Coalter Law, PLLC, we not only know that its possible, but we also know the process well. By signing up you are agreeing to receive emails according to our privacy policy. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. TheGuide to Getting Employed is available to those who want that goal. Home Legal Can You Get A Felony Reduced To A Misdemeanor? For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. To complete it, probationers have to follow its rules and complete its requirements for the term of probation. "Great help in getting the ball rolling in accomplishing said tasks for myself, hopefully will be successful in. The harshest penalty you can receive for a misdemeanor crime is a 6-month period in jail, even if you have multiple charges. But there is an opportunity available to those who want it. 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. The infliction of a corporal injury is what separates the misdemeanor from the wobbler offense. Can A Felony Be Dropped To A Misdemeanor? whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. Still, have questions? 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? ", "Very informative and written so that the steps are easy to understand. These are less serious crimes, with domestic violence and DUIbeing the most common. We do not handle any of the following cases: And we do not handle any cases outside of California. The length of time you have to wait can depend on several factors, including your age and the severity of the crime. having to admit to a prior felony conviction on job applications or apartment applications. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Our website is the #1 resource on the internet to help former felons get employed again. If there are two aggravating factors and a death, the offense is a Class E felony. Dress neatly and conservatively, and arrive early with copies of all the documents youve filed. 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. There is a major reward for your loved one and the family if that felony is reduced to a misdemeanor. 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. If your record is sealed, the felony typically will not appear when someone runs a criminal background check on you, as when you apply for a job or seek to rent an apartment. Again, court time is precious, and jail space is limited. Habitual Misdemeanor Assault. This requires a 17(b) motion. The general public may not know about your expunged felony, but law enforcement agencies and courts still have access to that part of your record. If it is, pleading guilty to a wet reckless would reduce the offense to a misdemeanor. He or she cannot have sentenced the defendant to a term in county jail or state prison. 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. Research source Then, support those jobs with housing options, legal help, and the resources you need to successfully integrate back into society. Plea Bargaining a Felony Down to a Misdemeanor, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/v4-460px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","bigUrl":"\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/aid6831492-v4-728px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"