can a felony be reduced to a misdemeanor in nc

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. These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. Thats why we have aggregated the best jobs for felons in one spot. 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. 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. Legal aid offices may also have the appropriate forms. 3972 Business Hwy 17 East, Unit E ", "Thanks for the help and quick, straight-to-the-point information. Virginia Misdemeanor Penalties. Other states allow certain offenses to be expunged, but not others. 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. The waiting period may differ depending on the severity of your crime. a qualified mental health expert thinks that the defendant would respond to treatment. They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. 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. This article was written by Jennifer Mueller, JD. Once the server completes the form, take the form to the clerk's office for filing. Youll also need to get someone to serve a copy to the prosecutor of your case, such as your local sheriff or someone not involved in the case. Misdemeanors are also divided into categories depending on the seriousness of each crime. A reduction to a misdemeanor offense may even be possible after you have already accepted an agreement to plead guilty to a felony charge. 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. 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. Felony charge or misdemeanor charge was disposed of by a dismissal, finding of not guilty, or finding of not responsible. 3. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. This blog post will address the question of when a felony can be reduced to a misdemeanor. 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? The collateral consequences of a felony conviction are much more severe than for a misdemeanor. Contact the experienced North Carolina criminal defense attorneys at Coastal South Law today to schedule a consultation. Felonies which are in the lowest category are sometimes calledundesignated felonies. 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. What felony charges can be dropped to a misdemeanor? Unlike petitions for expungement or sealing of records, there is no waiting period to file an actual-innocence petition. drug possession, like possession of marijuana. A criminal defense lawyer from a local law firm can help convicted felons drop a felony conviction to a misdemeanor. Continue with Recommended Cookies. We do not handle any of the following cases: And we do not handle any cases outside of California. Of course, it depends in which state the offense occurred. 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. An example of data being processed may be a unique identifier stored in a cookie. She received her JD from Indiana University Maurer School of Law in 2006. It lasts for 3 years for grand theft involving $25,000 or more. Once youve filed the necessary forms, youll be notified about your hearing to decide if your felony will be reduced. Use tab to navigate through the menu items. 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. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, This can speed up the probation process even more. BRUNSWICK COUNTY 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. X The basic eligibility criteria to obtain an expunction are the same for the three categories of dismissals and acquittals. Defendants generally must: This strict eligibility makes it fairly rare for it to be available for defendants charged with a felony. Research source The convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. Diversion programs are options early in the criminal justice process. Still, have questions? Call our Greensboro office at 336-646-7977 and schedule your free initial consultation. Can You Get A Felony Reduced To A Misdemeanor? The length of time you have to wait can depend on several factors, including your age and the severity of the crime. "Wobbler" Example. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Defendants benefit by knowing what their sentence will be, rather than going through the risks of a trial. In California, it involves filing a 17(b) Motion. In this section, we offer solutions for clearing up your prior record. The waiting period doesnt start until after youve finished all aspects of your sentence. Eligibility for diversion is strict, though. Not all convictions can be cleaned up with a Certificate of Rehabilitation. 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. Rules and procedures for applying for a governors pardon are different from one state to the next. Iowa Code 901C.3. ", "It told me what and how to get it expunged.". 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":"