can a felony be reduced to a misdemeanor in nc

They divert defendants out of the criminal justice system and into rehabilitation services. Jennifer Mueller is an in-house legal expert at wikiHow. 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. If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. By showing that those facts are not present, defendants can get the criminal charge reduced to a misdemeanor. ", "It told me what and how to get it expunged.". If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. 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. On the other hand, a charge of statutory rape, brought against a 19-year-old boy for having a consensual sexual relationship with his 17 -year-old girlfriend, where the boy has no prior criminal history, is an excellent candidate for a reduced sentence or possibly even dismissal. Work From Home Jobs For Felons: 7 Best Jobs For 2023. In this section, we offer solutions for clearing up your prior record. It was me against 9 others in my own home. He or she cannot have sentenced the defendant to a term in county jail or state prison. This blog post will address the question of when a felony can be reduced to a misdemeanor. Definitely recommend! In California, reducing a felony to a misdemeanor is different in a couple of ways. There are several factors the court will consider. Visit our California DUI page to learn more. In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. 14-3, 14-50.22, 15A-1340.11, 15A-1340.23 (2022).) In these states, misdemeanors are far more likely to be eligible for an expungement. This form is encrypted and protected by attorney-client confidentiality. 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. a. 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. I was charged and sent off to jail. 15A-146 no longer contains a bar to relief based on prior convictions, whether for misdemeanors or felonies. What felony charges can be dropped to a misdemeanor? The same is true if the judge sentenced the defendant to probation, but then the defendant violated probation and was sent to jail. The prosecutor has to agree to the plea deal. These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. Trial: Both sides take turns arguing that the you are guilty or innocent. In most states, the 4 ways to reduce a felony conviction to a misdemeanor offense are to: In some cases, criminal defendants can get a felony charge reduced to a misdemeanor by pleading guilty to the lesser offense. Know when the waiting period starts. For families of felons in the position of wanting to reduce a felony to a misdemeanor, be there to encourage and cheer them on. Encourage them to seek further educationandtrainingto get a job, so they can succeed in living an honest life. What was that like and were they successful in getting it reduced to a misdemeanor? 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. This is if the crime did not involve violence and the use of a deadly weapon, and if the accused person does not have any previous criminal record. Is getting legal counsel absolutely necessary? This can lead to an earlier hearing for the motion. Felons may have difficulty finding a job, renting an apartment or getting higher education. Once the server completes the form, take the form to the clerk's office for filing. For instance, killing another motorist while driving drunk if you have two previous DUIs is unlikely to be reduced, as this is a demonstrated pattern of dangerous and illegal behavior, which has now escalated to fatal harm. Make several copies of the documents, return them to the clerk, and pay the filing fee. You must also not be a sex or violent offender, have any other felony convictions, or have any pending criminal charges. The terms of probation vary. 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. This can speed up the probation process even more. For example, you may be required to wait a certain number of years after finishing your sentence, and your state might only reduce certain types of felonies. An example of reducing a felony offense to a misdemeanor is if the defendant is charged with DUI causing injury (Vehicle Code 23153 VC). If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. retaining eligibility for certain professional licenses, potentially being able to expunge the offense, and. The hearing may be less formal than a trial, but you should treat it with the same respect. Some states also require letters from witnesses testifying to your character and rehabilitation since your release. Can A Felony Be Dropped To A Misdemeanor? Some crimes, such as murder, are always considered to be a felony. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. Our website is supported by our users. Browse our jobs, find one you like, and get back to work today. They can go through are-entry programor get furthereducationandtrainingto get the knowledge and skills they need. How Long Does A Background Check Take In 2023. This requires a 17(b) motion. 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 course, it depends in which state the offense occurred. For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced. 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. ", 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/. They tend to be for minor offenses and infractions like: Some diversion programs require the defendant to plead guilty. Last Updated: January 5, 2021 drug possession, like possession of marijuana. Prosecutors have discretion over which type of charge to file. Most criminal cases are resolved through plea bargaining. * For a Class B1 through E felony that is subject to the registration requirements of . received a sentence of probation, rather than a county jail or state prison sentence. Method 1 Plea Bargaining a Felony Down to a Misdemeanor Download Article 1 Get a lawyer. Have you or someone you know had a felony reduced? Among the reasons may be: Employment Rental applications By reducing a felony to a misdemeanor, you can avoid many of these punishments and move on more quickly. If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. Continue with Recommended Cookies. 3. Thats why we have aggregated the best jobs for felons in one spot. Conviction of a felony typically carries a prison sentence and a term of probation. This article has been viewed 128,328 times. The effect that this can have on your professional success, post-conviction, is significant. When it comes to their employment record, having aquality resumeis essential. wikiHow marks an article as reader-approved once it receives enough positive feedback. 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. Felonies which are in the lowest category are sometimes calledundesignated felonies. For example, you can be slightly over the limit during a DUI stop and get a . in Indiana, you must wait three years after finishing your sentence before you apply. To complete it, probationers have to follow its rules and complete its requirements for the term of probation. Doctor of Law, University of Wisconsin-Madison. The defendant then has to complete the terms of the diversion program. This form is encrypted and protected by attorney-client confidentiality. Once youve filed the necessary forms, youll be notified about your hearing to decide if your felony will be reduced. ; NRS 29-2264 and State v.Coble, 908 NW 2d 646 (2018). Diversion programs are options early in the criminal justice process. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. the court does not think that the defendant poses an unreasonable risk of danger to public safety. This form should be available from the clerk's office. Reducing the offense has many benefits, and can help expunge the offense. So, for instance, a Class 2 misdemeanor involving criminal gang activity bumps up to a Class 1 misdemeanor. 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. Police officers and district attorneys may attend your hearing to object to the expungement of your record. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. {"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":"