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. There are numerous important benefits in getting a reduction. There are stories of success and tips for presenting themselves in a favorable light. An example of how this works is with domestic violence law in California. This process can begin as early as the arraignment. Habitual Misdemeanor Assault. Straight felonies those that cannot be prosecuted as a misdemeanor are not eligible for a reduction.3. 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. Dress neatly and conservatively, and arrive early with copies of all the documents youve filed. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Not all convictions can be cleaned up with a Certificate of Rehabilitation. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. Get to work faster with jobs for felons curated for you. Resources to help ex-offenders gain essential life skills for making the right choices in life. Save my name, email, and website in this browser for the next time I comment. This binding agreement is negotiated through the plea bargain process. Even if youre successful in getting your conviction expunged, you may still have to disclose it in some instances, such as if youre applying for a professional license or a job in law enforcement. These fees are nonrefundable. Thanks to all authors for creating a page that has been read 594,355 times. There are 8 references cited in this article, which can be found at the bottom of the page. Finding employment as a felon is tough. I Have Been Charged with a Felony: What Should I Do? Information on this site is not legal advice and is strictly informational and may be outdated. However, you must maintain a clean record during that waiting period. Once you apply for a governors pardon, you typically cannot follow up on or check the status of your application. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. I was charged and sent off to jail. Thanks to all authors for creating a page that has been read 128,328 times. The hearing may be less formal than a trial, but you should treat it with the same respect. The terms of the program are designed to rehabilitate the defendant. Include your email address to get a message when this question is answered. For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced. the court does not think that the defendant poses an unreasonable risk of danger to public safety. If you have to file your forms with a clerk of the court, expect to pay filing fees ranging from less than a hundred dollars to a few hundred dollars. For example, a diversion program for a drug crime will often involve: Successfully completing the program will lead to the charges being dropped or reduced. Spousal battery (Penal Code 243 PC) is a misdemeanor. Learn how you can get your rights back as a felon. The court will ask why a defendant is seeking a reduction. 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. However, spousal battery causing corporal injuries (Penal Code 273.5 PC) is a wobbler. The harshest penalty you can receive for a misdemeanor crime is a 6-month period in jail, even if you have multiple charges. Work From Home Jobs For Felons: 7 Best Jobs For 2023. Thats why we have aggregated the best jobs for felons in one spot. 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? If it does, make sure youve waited long enough since your conviction, then go to the arresting police department to get copies of your criminal history and fingerprints. However, under North Carolina law, possession of a controlled substance carries misdemeanor or felony charges with the accompanying penalties. "Wobbler" Example. 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. This can speed up the probation process even more. If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. To reduce a felony to a misdemeanor in Virginia, you have to get . Once filed, the judge will weigh several factors in deciding whether to grant the motion. The court will ask why a defendant is seeking a reduction. This requires a 17(b) motion. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. For any further questions, please contact a lawyer directly. Probationers who abide by the rules of their probation for the full term will complete it. The convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. 14-3, 14-50.22, 15A-1340.11, 15A-1340.23 (2022).) If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. Copenhaver, Ellett & Derrico Can Help. 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. In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. ; NRS 29-2264 and State v.Coble, 908 NW 2d 646 (2018). If approved, the defendants criminal background will show a prior misdemeanor offense. 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. In some states you must first complete any period of probation and pay all fines. Manage Settings A criminal record with a felony on it will trigger more collateral consequences. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. To attempt to have charges reduced, the offense first needs to be one that can be classified as either a felony or a misdemeanor. {"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":"