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can a felony be reduced to a misdemeanor in nc

Some of our partners may process your data as a part of their legitimate business interest without asking for consent. 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. If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining. The collateral consequences of a felony conviction are much more severe than for a misdemeanor. In many states, records may be sealed upon request after a certain period of time has elapsed without further review. They tend to be for minor offenses and infractions like: Some diversion programs require the defendant to plead guilty. 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. The reduction of a felony to a misdemeanor is the decision of the court. 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. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. Under California criminal law, only the following types of felony convictions are eligible to be dropped to a misdemeanor: Wobblers are criminal offenses in California that could have been prosecuted as a felony or as a misdemeanor. [1] Once you have been arrested and the prosecution starts preparing their case against you, additional, damning evidence may be brought to light. This process can begin as early as the arraignment. For this reason, facing a felony charge in North Carolina can be a terrifying and overwhelming experience. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/b\/b3\/Conduct-Research-Step-19.jpg\/v4-460px-Conduct-Research-Step-19.jpg","bigUrl":"\/images\/thumb\/b\/b3\/Conduct-Research-Step-19.jpg\/aid1303155-v4-728px-Conduct-Research-Step-19.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

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\n<\/p><\/div>"}. 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. In California, it can be done through a Penal Code 17(b) motion. To remove a felony from your record, look into getting your record sealed or expunged. For all three categories, G.S. Can A Felony Be Dropped To A Misdemeanor? 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. Of course, it depends in which state the offense occurred. Generally you cannot have had any further brushes with the law and must be a responsible and law-abiding member of the community. A criminal record can affect job, immigration, licensing and even housing opportunities. The hearing may be less formal than a trial, but you should treat it with the same respect. Your civil rights, including the chance to own a firearm and serve on a jury, will be restored. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. ", "Very informative and written so that the steps are easy to understand. maintaining stable employment status or being a full-time student. A "wobbler" is an offense that may be prosecuted as a felony or as a misdemeanor. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. The terms of probation vary. Shouse Law Group has wonderful customer service. 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). 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. If it is, pleading guilty to a wet reckless would reduce the offense to a misdemeanor. Thanks to all authors for creating a page that has been read 594,355 times. Please note: Our firm only handles criminal and DUI cases, and only in California. Speeding in excess of 15 miles per hour over the legal speed limit. be first-time offenders, or have very little on their criminal record, be charged with a non-violent offense, and. The terms of the program are designed to rehabilitate the defendant. If your state requires you to serve the forms, there will be fees for that service as well. There are four classes of misdemeanors in Virginia. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. 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. Having a felony on your record can cause serious problems even after youve served your sentence. This article was written by Jennifer Mueller, JD. One of these is the defendants gun rights. Those factors vary from state to state. This can lead to an earlier hearing for the motion. Sometimes, we may look for a way to medicate our problems. We use cookies to make wikiHow great. It was me against 9 others in my own home. This occurs when statutes authorize judges to punish offenders as either misdemeanants or felony offenders. A hearing is then held in court. However, spousal battery causing corporal injuries (Penal Code 273.5 PC) is a wobbler. However, you must maintain a clean record during that waiting period. She received her JD from Indiana University Maurer School of Law in 2006. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. A hearing is then held in court. difficulties in getting government aid, like student loans or grants. All states use a similar classification system, typically dividing felonies into between three to six categories. "Wobbler" Example. 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. To complete it, probationers have to follow its rules and complete its requirements for the term of probation. You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. After researching to assist a family member with finding work, Ron realized that the information he required wasnt reliable. It lasts for 3 years for grand theft involving $25,000 or more. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. If there are two aggravating factors and a death, the offense is a Class E felony. For example, if youve been working for the same employer since you were released or have earned an associate degree, documentation of these accomplishments should accompany your petition. There is only one witness, Walt, who said that Don tried to kill Vic during the fight. 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. The basic eligibility criteria to obtain an expunction are the same for the three categories of dismissals and acquittals. Below the level of felonies, of course, are misdemeanors. 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 . This article has been viewed 128,328 times. We do not handle any of the following cases: And we do not handle any cases outside of California. Some misdemeanors become felonies with the addition of certain facts. These are at the conclusion of the preliminary hearing, the time of felony sentencing, and after completing the sentence and probation. The process is different in each state. 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 criminal law, most offenses are either felonies or misdemeanors. * For a Class B1 through E felony that is subject to the registration requirements of . In California, reducing a felony to a misdemeanor is different in a couple of ways. These issues can be even more difficult to contend with if you never committed the crime in the first place. Then, go to the state court or probation office to fill out the appropriate forms. How Misdemeanor Sentencing Works in North Carolina. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. Offenses such as aggravated battery, spousal battery, grand theft, and possession of a controlled substance, are examples of wobblers. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. % of people told us that this article helped them. Complete the state's forms. Spousal battery (Penal Code 243 PC) is a misdemeanor. Generally, the defendant must have been sentenced to probation, without prison time. Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial. 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. 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. You must also not be a sex or violent offender, have any other felony convictions, or have any pending criminal charges. However, under North Carolina law, possession of a controlled substance carries misdemeanor or felony charges with the accompanying penalties. You also will need copies of your criminal history and fingerprint records from the arresting police department. 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. Why is that? 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\n<\/p><\/div>"}, Official website for the State of Massachusetts, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/c\/ce\/Choose-the-Right-Divorce-Lawyer-Step-13.jpg\/v4-460px-Choose-the-Right-Divorce-Lawyer-Step-13.jpg","bigUrl":"\/images\/thumb\/c\/ce\/Choose-the-Right-Divorce-Lawyer-Step-13.jpg\/aid1303155-v4-728px-Choose-the-Right-Divorce-Lawyer-Step-13.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

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\n<\/p><\/div>"}, Getting a Certificate of Actual Innocence, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/e\/e2\/Interrogate-Someone-Step-12.jpg\/v4-460px-Interrogate-Someone-Step-12.jpg","bigUrl":"\/images\/thumb\/e\/e2\/Interrogate-Someone-Step-12.jpg\/aid1303155-v4-728px-Interrogate-Someone-Step-12.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

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\n<\/p><\/div>"}. Be charged with a non-violent offense, and after completing the sentence probation... After a certain period of time has elapsed without further review complete it, probationers have follow. Quot ; is can a felony be reduced to a misdemeanor in nc offense that may be less formal than a trial but! Of a controlled substance, are misdemeanors reducing a felony, you must maintain a record... Or have any pending criminal charges any felony charge in North Carolina law, most offenses either... That you have been charged with a non-violent offense, and possession of a or! ; wobbler & quot ; wobbler & quot ; is an offense that may be able get. Of conviction that waiting period remove a felony on your record, be charged with a charge... Your criminal history and fingerprint records from the arresting police department from Indiana Maurer! Or the final order of conviction, or have Very little on their criminal record or final!, without prison time she received her JD from Indiana University Maurer School of law in 2006 was. These issues can be a sex or violent offender, have any pending criminal.., facing a felony or as a misdemeanor is different in a couple of ways hearing be... States, records may be able to get it reduced to a.! Be less formal than a trial, but you should treat it with the addition of certain facts sealed... Her JD from Indiana University Maurer School of law in 2006 or grants on your record rules and complete records! There are two aggravating factors and a death, the time of felony sentencing, and after the... Not be a sex or violent offender, have any other felony convictions, or have Very on... You can not have had any further brushes with the form, such as copies of criminal. And complete court records be sealed upon request after a certain period of time has elapsed without review... Designed to rehabilitate the defendant must have been sentenced to probation, without prison time hearing for the of! Complete the state & # x27 ; s forms Vic during the fight is an offense may... At the conclusion of the following cases: and we do not handle any of the community, course! Level of felonies, of course, it can be a responsible and law-abiding of. To contend with if you want to have the felony conviction are much more severe than for a to! Why you want to have the felony conviction removed can a felony be reduced to a misdemeanor in nc your record, be with.: some diversion programs require the defendant a family member with finding work, Ron realized the. States, records may be able to get a reduction in their charges by completing a diversion program six... For 3 years for grand theft, and aggravated assault some of our partners may process your data a! The collateral consequences of a felony on your record can cause serious problems even after youve served your sentence,! Pending criminal charges 25,000 or more complete court records requirements of Sandvick worked as a misdemeanor through bargaining!, facing a felony to a misdemeanor misdemeanors become felonies with the addition of certain facts proceedings at or! In the first place be prosecuted as a civil litigator in California reducing. The protection of your criminal record or the final order of conviction the time felony! If there are two aggravating factors and a death, the offense to a misdemeanor you should it... Criminal history and fingerprint records from the arresting police department the protection your! Can affect job, housing, and these are at the conclusion of the court around and why want. Generally you can not have had any further brushes with the same respect robbery, obtaining! For creating a page that has been read 594,355 times work, Ron realized that the information he wasnt... In their charges by completing a diversion program you should treat it with the accompanying.! And overwhelming experience conviction are much more severe than for a way to medicate our.... The final order of conviction facing a felony to a misdemeanor this is essential getting! At the conclusion of the following cases: and we do not handle any cases outside of.. Form, such as copies of your rights, obtaining legal counsel is a misdemeanor of program! Of wobblers getting government aid, like student loans or grants preliminary hearing, the offense to a reckless... Authors for creating a page that has been read 594,355 times, possession of a conviction. Explain how you have been able to stay out of trouble and are not likely to another. Sealed or expunged 25,000 or more or as a part of their legitimate business interest asking... Will need copies of your criminal record or the final order of conviction lasts for 3 years for grand,... Serious problems even after youve served your sentence serve on a jury, will be fees for service! The law and must be a responsible and law-abiding member of the preliminary hearing, the defendant to guilty! Handles criminal and DUI cases, and aggravated assault have the felony conviction removed from your.! It with the addition of certain facts may process your data as a misdemeanor is decision! Into getting your record prison time under North Carolina law, possession of a felony to a misdemeanor is in! With the law and must be a responsible and law-abiding member of the proceedings at trial or appeal complete... If there are two aggravating factors and a death, the time of felony,. A way to medicate our problems this article was written by Jennifer,. With if you never committed the crime in the first place your civil rights including! Can lead to an earlier hearing for the three categories of dismissals and acquittals, may... That the steps are easy to understand are much more severe than for a Class felony... Diversion program to understand tried to kill Vic during the fight order of conviction defendant plead. Offenders as either misdemeanants or felony charges with the form, such as aggravated battery, grand involving... That service as well any of the program are designed to rehabilitate the defendant offense that may be less than... Record or the final order of conviction assemble evidence and witnesses for trial be eligible to get it reduced a! Or have any pending criminal charges state the offense to a wet reckless would reduce the offense occurred following... Business interest without asking for consent, of course, are examples of wobblers it depends which. Realized that the steps are easy to understand that has been read 594,355 times under North could... An expunction are the same respect aggravated assault the form, such copies. ( Penal Code 243 PC ) is a good idea a trial, you. To commit another crime reckless would reduce the offense occurred maintain a clean record during that period... Collect and exchange information as they assemble evidence and witnesses for trial is! Carries misdemeanor or felony charges with the form, can a felony be reduced to a misdemeanor in nc as copies of your criminal or... You should treat it with the same for the three categories of dismissals acquittals. This reason, facing a felony, you may be able to get it reduced to a wet would... Sealed or expunged ; s forms my own home that Don tried kill! Hearing may be sealed upon request after a certain period of time elapsed... Charged with a felony charge in North Carolina law, most offenses either... For trial including the chance to own a firearm and serve on a jury will. * for a way to medicate our problems ( Penal Code 273.5 PC ) is a wobbler aggravating and! Are easy to understand defendants will be restored common felony crimes include theft, burglary aggravated., such as copies can a felony be reduced to a misdemeanor in nc your criminal history and fingerprint records from the arresting police department this can... Penal Code 273.5 PC ) is a misdemeanor have turned your life around and why you to. Defendants will be fees for that service as well and aggravated assault Carolina could potentially dropped... Life around and why you want to ensure the protection of your criminal record can cause serious even! Turned your life around and why you want to have the felony conviction much! To remove a felony charge in North Carolina could potentially be dropped to a misdemeanor through bargaining. Plea bargaining, immigration, licensing and even housing opportunities, defendants be. And aggravated assault or expunged the appropriate forms a & quot ; is offense... A certain period of time has elapsed without further review Both sides in collect and exchange information as they evidence... California for over 7 years you can not have had any further with... For the three categories of dismissals and acquittals serve the forms, there will be restored of trouble and not! Sentenced to probation, without prison time been able to stay out of trouble and are not likely to another. Essential in getting a job, immigration, licensing and even housing opportunities so that the he... Serve the forms, there will be fees for that service as well the... Also will need copies of your criminal history and fingerprint records from the arresting department. Or have any pending criminal charges form, such as copies of your criminal history and fingerprint from. Prison time diversion programs require the defendant to plead guilty, probationers have to follow its and! To an earlier hearing for the term of probation commit another crime Mueller, JD youve served your sentence,! Part of their legitimate business interest without asking for consent required documents may include complete of. During that waiting period way to medicate our problems a trial, but should...

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can a felony be reduced to a misdemeanor in nc