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 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. 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: To expedite the process, the 17(b) motion can be filed during felony probation. First, check your states requirements for reducing felonies, since every state is different. The prosecutor has to agree to the plea deal. becoming ineligible for some professional certifications. An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. You can still engage in plea bargaining during pauses in the trial and during jury deliberations. Potential employers will often refuse to hire someone if a background check reveals that he or she is a convicted felon. wikiHow is where trusted research and expert knowledge come together. A reduction to a misdemeanor offense may even be possible after you have already accepted an agreement to plead guilty to a felony charge. 3972 Business Hwy 17 East, Unit E 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. These motions are available as long as the defendant: The offense has to be a wobbler, not a straight felony.2 Eligible wobblers include offenses like: 17(b) motions can be filed at any of the following junctures in the process: Courts hearing 17(b) motions will consider the following factors: If successful, the judge will reduce the conviction from a felony to a misdemeanor. Not all convictions can be cleaned up with a Certificate of Rehabilitation. the defendant must have been sentenced to a term of probation, rather than to prison. 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. While it is unlikely this charge would be dropped significantly, there may still be room to negotiate a plea bargain. Once the server completes the form, take the form to the clerk's office for filing. At the hearing, the judge will hear testimony from witnesses about your conduct while incarcerated and while on parole, as well as your subsequent rehabilitation. The basic eligibility criteria to obtain an expunction are the same for the three categories of dismissals and acquittals. 2. This, of course, depends on the circumstances of your case such as the evidence against you and how clean your criminal history is. A "wobbler" is a crime that the prosecution can choose to charge as either a felony or a misdemeanor, such as burglary or assault with a deadly weapon. 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. 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. 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. Our website is supported by our users. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. If it is, pleading guilty to a wet reckless would reduce the offense to a misdemeanor. Certificates of Actual Innocence serve to overturn wrongful convictions. This blog post will address the question of when a felony can be reduced to a misdemeanor. 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. 414 Chestnut St, Unit 303. Felonies which are in the lowest category are sometimes calledundesignated felonies. For all three categories, G.S. This binding agreement is negotiated through the plea bargain process. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. 15A-146 or other statutes. 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). Felony probation is a term of community supervision. The harshest penalty you can receive for a misdemeanor crime is a 6-month period in jail, even if you have multiple charges. In exchange for the guilty plea to the misdemeanor, the district attorney will drop the felony charges. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. This form is encrypted and protected by attorney-client confidentiality. 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? Copyright 2023 Shouse Law Group, A.P.C. If approved, the defendant's criminal background will show a prior misdemeanor offense. To learn how to get a certificate of actual innocence, keep reading! These collateral consequences are penalties and obstacles that come from outside the criminal justice system. Alternatively, to have your record expunged, which means its erased from public record, first see if your state offers this option. Prop 47: Reducing felony convictions for drug possession and low-level theft convictions to misdemeanors. Other states use a numbering system going from Class 1, the most serious, to Class 6, the least serious. By signing up you are agreeing to receive emails according to our privacy policy. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? Defendants sentenced to probation have to follow the terms of their community supervision. In most states, child abuse may be charged as either a felony or a less serious misdemeanor offense, depending on the circumstances. the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. Contact the experienced North Carolina criminal defense attorneys at. In Indiana, the charge must have been a "Class D" felony and not been related to a violent or sexual crime. 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. Every crime in California is defined by a specific code section. ", "It told me what and how to get it expunged.". a qualified mental health expert thinks that the defendant would respond to treatment. Approximately 90% of criminal cases end with a plea bargain. For those who have been convicted of a crime, they know the consequences a sentence can have on their lives. This article has been viewed 128,328 times. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. 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. Every crime in California is defined by a specific code section. They can go through are-entry programor get furthereducationandtrainingto get the knowledge and skills they need. A misdemeanor is a less serious crime than a felony. This may only be an option for certain criminal offenses. Once probation has been completed, the probationer can request a court to reduce the conviction from a felony to a misdemeanor. 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. The terms of probation vary. Offenses that Can Be Classified as a Felony or Misdemeanor. Once you apply for a governors pardon, you typically cannot follow up on or check the status of your application. This requires a 17(b) motion. The clerks office will have a list of local process-serving companies, and youll have to use one of those. having to admit to a prior felony conviction on job applications or apartment applications. Gross impairment of the person's faculties while driving due to: a. Definitely recommend! 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. ", "Very informative and written so that the steps are easy to understand. 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. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. If youre convicted of another crime after having a prior conviction expunged, the expunged conviction may add to the severity of your sentence. District attorneys have the discretion to choose how to pursue the charge. DUI arrests don't always lead to convictions in court. 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. They can last for years after the sentence has been served. Expungement is the process of sealing a criminal record from the public view. 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. These are at the conclusion of the preliminary hearing, the time of felony sentencing, and after completing the sentence and probation. Have you or someone you know had a felony reduced? These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. Do not pursue a Certificate of Actual Innocence without legal representation. ", http://www.papillonfoundation.org/information/expungement-faqs/, http://www.workforcecentralma.org/additional-programs/re-entry/how-to-seal-your-criminal-record, http://www.masslegalhelp.org/cori/seal-by-mail, https://www.communitylegalaid.org/library/criminal/668-Sealing-a-Criminal-Record, http://www.mass.gov/courts/docs/probation/sealingpetition.pdf, http://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html, https://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf, http://criminal.findlaw.com/expungement/the-expungement-process.html, http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf, http://www.courts.state.va.us/courts/cav/forms/petition_for_writ_packet.pdf, http://www.innocenceproject.org/news-events-exonerations/three-certificates-of-actual-innocence-issued-in-illinois, https://www.utexas.edu/law/clinics/innocence/tcai/, http://www.nj.gov/parole/docs/application%20-%20certificate%20of%20rehabilitation.pdf, http://www.co.shasta.ca.us/index/pd_index/cor/cor_app_procedure.aspx, http://www.co.shasta.ca.us/index/pd_index/cor.aspx, http://thelawdictionary.org/article/how-to-apply-for-a-governors-pardon/, http://www.gjp.org/faqs/get-a-pardon-in-georgia/. received a sentence of probation, rather than a county jail or state prison sentence. 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). These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. Some states never allow convictions to be expunged, or sealed from view. To attempt to have charges reduced, the offense first needs to be one that can be classified as either a felony or a misdemeanor. These include: To overcome these obstacles, it can be necessary to expunge the criminal conviction, entirely. This form should be available from the clerk's office. They were so pleasant and knowledgeable when I contacted them. For this reason, facing a felony charge in North Carolina can be a terrifying and overwhelming experience. "Reading the information helped me see the steps I need to take to help myself in a case against me.". Not all convictions can be cleaned up with a Certificate of Rehabilitation. 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. Resources to help ex-offenders gain essential life skills for making the right choices in life. The legal help you need to put your past behind you. Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. Our website is the #1 resource on the internet to help former felons get employed again. To complete it, probationers have to follow its rules and complete its requirements for the term of probation. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. By signing up you are agreeing to receive emails according to our privacy policy. This form is encrypted and protected by attorney-client confidentiality. I Have Been Charged with a Felony: What Should I Do? Probationers who abide by the rules of their probation for the full term will complete it. retaining eligibility for certain professional licenses, potentially being able to expunge the offense, and. In California, reducing a felony to a misdemeanor is different in a couple of ways. For example, an accused person might be pressured to give a false confession after being unlawfully interrogated. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. Finding employment as a felon is tough. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Spousal battery (Penal Code 243 PC) is a misdemeanor. A hearing is then held in court. Habitual Misdemeanor Assault. Thats why we have aggregated the best jobs for felons in one spot. People grossly underestimate the cost and toll that 1 non-violent felony with no victims takes for life. In some cases, the enhancement results in felony charges. Some crimes, such as murder, are always considered to be a felony. Rules and procedures for applying for a governors pardon are different from one state to the next. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. This part deals with North Carolina procedures for restoration of the right to possess a firearm after conviction of a nonviolent felony (see Table 27).The restoration procedure, in G.S. Virginia Misdemeanor Penalties. 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. Sometimes, we may look for a way to medicate our problems. 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. We do not handle any of the following cases: And we do not handle any cases outside of California. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. After you submit your documents, prepare to attend a hearing, if necessary. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. To reduce a felony to a misdemeanor in Virginia, you have to get . An example of reducing a felony offense to a misdemeanor is if the defendant is charged with DUI causing injury (Vehicle Code 23153 VC). % of people told us that this article helped them. How Misdemeanor Sentencing Works in North Carolina. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. However, the best time to combat this problem head-on is right now, after you have been charged and before you are convicted. 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. They divert defendants out of the criminal justice system and into rehabilitation services. These fees are nonrefundable. Wobbler crimes are those that could be classified as a felony or a misdemeanor. 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. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Getting an eligible felony dropped to a misdemeanor after serving probation can avoid these difficulties. These issues can be even more difficult to contend with if you never committed the crime in the first place. Dress neatly and conservatively, and arrive early with copies of all the documents youve filed. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Still, have questions? This process can begin as early as the arraignment. The state Legislature passed a law last year that allows people with non-violent felony convictions to ask a court to reduce them to misdemeanors but they have to maintain a clean record for . 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. References. not having to admit to a felony conviction on a housing, loan, or job application. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. 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