can a felony be reduced to a misdemeanor in nc

If you cannot afford an attorney, you may be eligible for the free assistance of one appointed by the court. The court will ask why a defendant is seeking a reduction. You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. Certificates of Actual Innocence serve to overturn wrongful convictions. 3. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Of course, it depends in which state the offense occurred. Consumption of an impairing substance; or b. This is if the crime did not involve violence and the use of a deadly weapon, and if the accused person does not have any previous criminal record. If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. Include your email address to get a message when this question is answered. The benefits of reducing a felony offense to a misdemeanor are significant. 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. Felony probation is a term of community supervision. We sometimes earn affiliate links when you click through the affiliate links on our website. One of these is the defendants gun rights. In other states the waiting period begins the day youre convicted. Thats why we have aggregated the best jobs for felons in one spot. They tend to be for minor offenses and infractions like: Some diversion programs require the defendant to plead guilty. These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. However, the best time to combat this problem head-on is right now, after you have been charged and before you are convicted. The convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. For families of felons in the position of wanting to reduce a felony to a misdemeanor, be there to encourage and cheer them on. Contact the experienced North Carolina criminal defense attorneys at. The consent submitted will only be used for data processing originating from this website. All Rights Reserved. 1. 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. ", "Thanks for the help and quick, straight-to-the-point information. The harshest penalty you can receive for a misdemeanor crime is a 6-month period in jail, even if you have multiple charges. 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. People grossly underestimate the cost and toll that 1 non-violent felony with no victims takes for life. Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. 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. Save my name, email, and website in this browser for the next time I comment. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. The motion can also be coupled with a request to terminate probation early. An example of reducing a felony offense to a misdemeanor is if the defendant is charged with DUI causing injury (Vehicle Code 23153 VC). Once filed, the judge will weigh several factors in deciding whether to grant the motion. This form should be available from the clerk's office. You may wind up pleading guilty to something, but you can try to keep it to a minimum. If the charge was a wobbler, the sentencing judge must have imposed a term of probation. Please complete the form below and we will contact you momentarily. The terms of probation vary. Thanks to all authors for creating a page that has been read 594,355 times. A "wobbler" is an offense that may be prosecuted as a felony or as a misdemeanor. Trial: Both sides take turns arguing that the you are guilty or innocent. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. There are strict standards for proving you are rehabilitated, and these standards differ from state to state. One of the stipulations for deciding whether a crime is considered to be a felony is the length of the sentence. The same is true if the judge sentenced the defendant to probation, but then the defendant violated probation and was sent to jail. difficulties in getting government aid, like student loans or grants. You may pay higher insurance premiums or higher interest on credit cards. 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. Defendants sentenced to probation have to follow the terms of their community supervision. Not all convictions can be cleaned up with a Certificate of Rehabilitation. Some states such as Ohio may revoke your certificate if you plead guilty or are convicted of a criminal offense after the certificate has been issued. If the state requires you to serve your expungement papers to law enforcement officials, understand that you cannot do this yourself. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. Please note: Our firm only handles criminal and DUI cases, and only in California. 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 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. We use cookies to make wikiHow great. 2. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? "Wobbler" Example. These are less serious crimes, with domestic violence and DUIbeing the most common. They divert defendants out of the criminal justice system and into rehabilitation services. Probationers who abide by the rules of their probation for the full term will complete it. Then, go to the state court or probation office to fill out the appropriate forms. However, there are some collateral repercussions of a felony conviction that will remain. If the judge denies your request for expungement, ask him/her to list the reasons for the denial and to explain what you can do in response. There are numerous important benefits in getting a reduction. Class 1 misdemeanors are the most serious. Learn how you can get your rights back as a felon. Some of them can be quite strict. Felony charges on an individuals record can be incredibly devastating, affecting everything from employment to access to affordable housing. However, spousal battery causing corporal injuries (Penal Code 273.5 PC) is a wobbler. She received her JD from Indiana University Maurer School of Law in 2006. There are stories of success and tips for presenting themselves in a favorable light. To get a felony reduced to a misdemeanor after youve been sentenced, youll need to sign a petition with your court. What Kind of Felony Charges Can be Reduced to Misdemeanors? In California, reducing a felony to a misdemeanor is different in a couple of ways. This article was co-authored by Clinton M. Sandvick, JD, PhD. a qualified mental health expert thinks that the defendant would respond to treatment. Youll pay fees for these documents, which can be expensive, depending on the length and involvement of the trial. 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? By using our site, you agree to our. 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). It will no longer list the prior offense as a felony. Visit our California DUI page to learn more. A criminal record can affect job, immigration, licensing and even housing opportunities. ", 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. Copenhaver, Ellett & Derrico Can Help. There is a major reward for your loved one and the family if that felony is reduced to a misdemeanor. 3972 Business Hwy 17 East, Unit E The minimum felony sentence is one year in prison. [1] 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. Otherwise, the sentence will carry a prison term. ? 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. However, under North Carolina law, possession of a controlled substance carries misdemeanor or felony charges with the accompanying penalties. the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. drug possession, like possession of marijuana. Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. 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. 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":"