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. Our website is supported by our users. Speeding in excess of 15 miles per hour over the legal speed limit. People grossly underestimate the cost and toll that 1 non-violent felony with no victims takes for life. Continue with Recommended Cookies. Some common criminal offenses that are wobblers include: These offenses are eligible for a 17(b) motion to reduce the felony conviction to a misdemeanor. The legal help you need to put your past behind you. FelonyRecordsHub.com 2023. 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. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. Of course, it depends in which state the offense occurred. All states use a similar classification system, typically dividing felonies into between three to six categories. Manage Settings Using what he learned in writing that text, Ron developed this website as a free resource and has worked with his team to continue answering questions for those in need. In other states the waiting period begins the day youre convicted. Below the level of felonies, of course, are misdemeanors. In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. Some common conditions of probation include: In California, probation lasts 2 years for non-violent felonies. In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. Encourage them to seek further educationandtrainingto get a job, so they can succeed in living an honest life. 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. Felony convictions are more serious than misdemeanors. Some common terms of felony probation include: The length of felony probation is generally up to: The term of probation for violent felonies can be longer. So what do you think about this blog post about when a felony can be reduced to a misdemeanor? But there is an opportunity available to those who want it. If you were convicted of felony simple drug possession (Health and Safety code sections 11350 and 11377) or certain felony theft offenses (see below), prior to November 2014, where the value was not more than $950, you may apply to reduce your felony conviction to a misdemeanor under . After researching to assist a family member with finding work, Ron realized that the information he required wasnt reliable. If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. These fees are nonrefundable. There is only one witness, Walt, who said that Don tried to kill Vic during the fight. Some states never allow convictions to be expunged, or sealed from view. A lawyer can then provide the legal advice needed to expunge the criminal charge from their record. You generally dont have to do anything if your petition is granted. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. An example of how this works is with domestic violence law in California. How Misdemeanor Sentencing Works in North Carolina. 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). 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. For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. Some states do not allow you to expunge felonies at all. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, One of these is the defendants gun rights. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. 15A-146 no longer contains a bar to relief based on prior convictions, whether for misdemeanors or felonies. 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. Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial. This means it can be resolved earlier. One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. Reducing the offense has many benefits, and can help expunge the offense. 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. 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. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. in Indiana, you must wait three years after finishing your sentence before you apply. b. In some states, felony crimes in the lowest category are termed wobbler crimes, such as California, are eligible to be reduced. For those who have been convicted of a crime, they know the consequences a sentence can have on their lives. "Reading the information helped me see the steps I need to take to help myself in a case against me.". These collateral consequences are penalties and obstacles that come from outside the criminal justice system. the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. 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. The waiting period may differ depending on the severity of your crime. TheGuide to Getting Employed is available to those who want that goal. As a former Assistant District Attorney, attorney Patrick Roberts has extensive experience evaluating alleged felony offenses. 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. If you cannot afford an attorney, you may be eligible for the free assistance of one appointed by the court. 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. Nor does G.S. Certificates of Actual Innocence serve to overturn wrongful convictions. Generally you cannot have had any further brushes with the law and must be a responsible and law-abiding member of the community. An example of data being processed may be a unique identifier stored in a cookie. Even if you just wanted to try something to reduce stress but ended up getting caught with it, you can still face criminal charges. To reduce a felony to a misdemeanor in Virginia, you have to get . {"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":"