can a felony be reduced to a misdemeanor in nc

This form is encrypted and protected by attorney-client confidentiality. % of people told us that this article helped them. 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. 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. Information on this site is not legal advice and is strictly informational and may be outdated. In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. What Kind of Felony Charges Can be Reduced to Misdemeanors? Continue with Recommended Cookies. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, However, spousal battery causing corporal injuries (Penal Code 273.5 PC) is a wobbler. 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. Spousal battery (Penal Code 243 PC) is a misdemeanor. Multiple charges may be expunged. References Contact the experienced North Carolina criminal defense attorneys at Coastal South Law today to schedule a consultation. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. 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. In some cases, the enhancement results in felony charges. Some states never allow convictions to be expunged, or sealed from view. But there is an opportunity available to those who want it. There are several factors the court will consider. Include your email address to get a message when this question is answered. Visit our California DUI page to learn more. jumping me. the court does not think that the defendant poses an unreasonable risk of danger to public safety. This may only be an option for certain criminal offenses. During discovery, Don's attorney finds out that Walt has always hated Don. When the clerk stamps and files your petition, s/he will give you a docket number and schedule your hearing. However, there are some collateral repercussions of a felony conviction that will remain. 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. Wobbler crimes are those that could be classified as a felony or a misdemeanor. Copyright 2023 Shouse Law Group, A.P.C. In Indiana, the charge must have been a "Class D" felony and not been related to a violent or sexual crime. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. Having a felony on your record can cause serious problems even after youve served your sentence. Some states (Illinois, for example) do not allow records of any felony convictions to be either expunged or sealed under any circumstances absent pardon from the governor. This includes successfully completing any probation period and paying all fines. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. This is essential in getting a job, housing, and obtaining a loan. You may pay higher insurance premiums or higher interest on credit cards. Please complete the form below and we will contact you momentarily. If you do not accept a plea bargain and are found guilty at trial, you are likely to face a much harsher punishment than what you could have accepted under the plea deal. Doing so should be done as soon as possible, though, because the sooner you obtain a lawyer, the more time they have to review your case and build a strong defense. 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. This means it can be resolved earlier. Get a deferred sentence. 2. 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. For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced. Probationers who abide by the rules of their probation for the full term will complete it. An example of how this works is with domestic violence law in California. 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can a felony be reduced to a misdemeanor in nc