If there are two aggravating factors and a death, the offense is a Class E felony. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. 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. Doctor of Law, University of Wisconsin-Madison. A skilled criminal defense attorney can file a 17(b) motion and begin the process. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. Nor does G.S. * For a Class B1 through E felony that is subject to the registration requirements of . Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. An attorney also has a better chance of resolving your criminal case in District Court, which can save you time and money in the long run. 7A-271 (a) (1) (plea to a lesser-included misdemeanor) or 7A-271 (a) (4) (plea to a misdemeanor References ", "Very informative and written so that the steps are easy to understand. Diversion programs are options early in the criminal justice process. I was charged and sent off to jail. At the end, unless the you waive your right to a trial by jury, the jury will deliberate and decide on a verdict. Approximately 90% of criminal cases end with a plea bargain. 15A-146 no longer contains a bar to relief based on prior convictions, whether for misdemeanors or felonies. Learn how you can get your rights back as a felon. Please complete the form below and we will contact you momentarily. Felony probation is a term of community supervision. (N.C. Gen. Stat. In criminal law, most offenses are either felonies or misdemeanors. District attorneys have the discretion to choose how to pursue the charge. Make several copies of the documents, return them to the clerk, and pay the filing fee. Retaining an experienced criminal defense attorney can help get the charges against you dismissed or reduced from a felony to a less serious misdemeanor offense. Approved. The clerks office will let you know where to send them. NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION CLASSIFICATION OF A SAMPLE OF OFFENSES . They divert defendants out of the criminal justice system and into rehabilitation services. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. State laws generally prohibit a citation from being issued in two common scenarios: The person refuses to sign a written promise to appear or requests to be taken before a judge. Consumption of an impairing substance; or b. Felons may have difficulty finding a job, renting an apartment or getting higher education. the defendants compliance with the terms of probation, including whether the defendant was able to secure an early termination. Some states such as Ohio may revoke your certificate if you plead guilty or are convicted of a criminal offense after the certificate has been issued. This includes successfully completing any probation period and paying all fines. I Have Been Charged with a Felony: What Should I Do? A criminal record can affect job, immigration, licensing and even housing opportunities. By using our site, you agree to our. Generally you can file a petition for this certificate if you believe you are innocent of a crime for which you were convicted, and youve discovered new and exonerating evidence that wasnt available at the time of your conviction. Petitioner has not been convicted of a felony.*. There is no appeal if your application is denied, although you may be able to reapply after a few years. In this case, 83% of readers who voted found the article helpful, earning it our reader-approved status. Felons need to be willing to do what it takes. Speeding in excess of 15 miles per hour over the legal speed limit. They were so pleasant and knowledgeable when I contacted them. certification issues for certain state licensing boards, like the California State Bar, that do not recognize the reduction, and. 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. What Kind of Felony Charges Can be Reduced to Misdemeanors? If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. "Very interesting information to know. Among the reasons may be: Employment Rental applications Once you have been arrested and the prosecution starts preparing their case against you, additional, damning evidence may be brought to light. One of these is the defendants gun rights. The collateral consequences of a felony conviction are much more severe than for a misdemeanor. Call our Greensboro office at 336-646-7977 and schedule your free initial consultation. 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. Wobbler crimes are those that could be classified as a felony or a misdemeanor. They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. Once everything has been thoroughly reviewed, the decision is made about whether the charge should be lowered to a lesser charge, dropped entirely or if the case should move on to trial or Superior Court. Still, have questions? drug possession, like possession of marijuana. The reduction of a felony to a misdemeanor is the decision of the court. To learn how to get a certificate of actual innocence, keep reading! Offenses such as aggravated battery, spousal battery, grand theft, and possession of a controlled substance, are examples of wobblers. Certificates of Actual Innocence serve to overturn wrongful convictions. 15A-146 or other statutes. Jennifer Mueller is an in-house legal expert at wikiHow. 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. The process is different in each state. They can last for years after the sentence has been served. 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. The reduction of a felony to a misdemeanor is the decision of the court. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. How Misdemeanor Sentencing Works in North Carolina. Thanks to all authors for creating a page that has been read 594,355 times. An example of data being processed may be a unique identifier stored in a cookie. During discovery, Don's attorney finds out that Walt has always hated Don. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. They may even petition the court to terminate probation early. This is essential in getting a job, housing, and obtaining a loan. The earlier on in the process that you retain counsel, the better likelihood that they will be able to get your charges reduced or dismissed, or negotiate a plea bargain that works for you. Possibly. Shouse Law Group has wonderful customer service. Those rules depend on the underlying conviction. Method 1 Plea Bargaining a Felony Down to a Misdemeanor Download Article 1 Get a lawyer. TheGuide to Getting Employed is available to those who want that goal. However, a notice will be added, stating that youve been pardoned (forgiven) for committing the crime. These collateral consequences are penalties and obstacles that come from outside the criminal justice system. You must also not be a sex or violent offender, have any other felony convictions, or have any pending criminal charges. Youll also need to fill out a Motion or Petition for Expungement, file it with the court, and appear in court for your hearing. Do not pursue a Certificate of Actual Innocence without legal representation. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. If approved, the defendants criminal background will show a prior misdemeanor offense. 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. It will no longer list the prior offense as a felony. In this section, we offer solutions for clearing up your prior record. To attempt to have charges reduced, the offense first needs to be one that can be classified as either a felony or a misdemeanor. A felony conviction (such as vehicular manslaughter, homicide, or murder), on the other hand, often leads to prison time. {"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":"