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. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? The consent submitted will only be used for data processing originating from this website. Virginia Misdemeanor Penalties. NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION CLASSIFICATION OF A SAMPLE OF OFFENSES . After you submit your documents, prepare to attend a hearing, if necessary. 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. Certain restrictions will remain on felons records, such as in those states that have a three-strike law or when felons are registered sex offenders, who will be required to continue this registration. "Reading the information helped me see the steps I need to take to help myself in a case against me.". The board then submits its recommendations to the governors office. I was recently charged when I was only trying to scare the people from. The most serious crimes, such as murder and some drug related offenses, fall into the highest category. Spousal battery (Penal Code 243 PC) is a misdemeanor. These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. This way, the millions of NC residents with criminal convictions can clear their records faster. Felons need to be willing to do what it takes. 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. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. drug possession, like possession of marijuana. It asks the judge to reduce an eligible felony conviction to a misdemeanor. Some common collateral consequences that come with a felony conviction, but not with a misdemeanor conviction, include: These collateral consequences of a conviction can make life difficult. Then, support those jobs with housing options, legal help, and the resources you need to successfully integrate back into society. Can a Felony be Reduced to a Misdemeanor in North Carolina? If the judge denies your request for expungement, ask him/her to list the reasons for the denial and to explain what you can do in response. Multiple charges may be expunged. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. All Rights Reserved. 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 can lead to an earlier hearing for the motion. Please complete the form below and we will contact you momentarily. In these states, misdemeanors are far more likely to be eligible for an expungement. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. Prosecutors have discretion over which type of charge to file. Some common conditions of probation include: In California, probation lasts 2 years for non-violent felonies. Complete the state's forms. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Most states dont allow expungement of serious, violent felonies. For example, in California those with convictions of certain felony sex offenses are not eligible. In some cases, the enhancement results in felony charges. In criminal law, most offenses are either felonies or misdemeanors. Support them in meeting the terms of their probation. A previous expunction does not disqualify a person from expunging a subsequent criminal record. Resources to help ex-offenders gain essential life skills for making the right choices in life. In this section, we offer solutions for clearing up your prior record. being granted my freedoms once again. The server must complete and sign a "Proof of Service" or "Affidavit of Service." document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony. The collateral consequences are significantly less for a misdemeanor. When a Misdemeanor Charge Can be Raised to a Felony Unfortunately, it is possible for your misdemeanor charges to be raised to a felony. BRUNSWICK COUNTY So, for instance, a Class 2 misdemeanor involving criminal gang activity bumps up to a Class 1 misdemeanor. 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. Is getting legal counsel absolutely necessary? Save my name, email, and website in this browser for the next time I comment. Expungement is the process of sealing a criminal record from the public view. Felons can demonstrate their efforts to live an honest life by doing several things: Seekingexpungement or sealingof their records can help significantly. In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition. As a former Assistant District Attorney, attorney Patrick Roberts has extensive experience evaluating alleged felony offenses. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. If your state requires you to serve the forms, there will be fees for that service as well. How Long Does A Background Check Take In 2023. Constitutional claims leading to Certificates of Actual Innocence often are brought by nonprofit legal-aid societies such as the. Felonies are serious offenses. If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. Plea Bargaining a Felony Down to a Misdemeanor, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/v4-460px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","bigUrl":"\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/aid6831492-v4-728px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"