Can a Felony Charge Be Reduced to a Misdemeanor?
Yes, there are instances when a felony charge can be reduced to a misdemeanor, and while this is a possibility under the right circumstances, there are no guarantees. A reduction in the level of the charge against you can happen prior to trial, such as in a plea deal, or at sentencing, and the most important step you can take in your efforts to accomplish this is retaining an experienced Cumming criminal defense attorney early in the legal process.
Making a Plea Deal
A primary means of reducing a felony charge to a misdemeanor is a negotiated plea between your persuasive criminal defense lawyer, on your behalf, and the prosecution. Factors that are likely to support a reduction include all the following:
- The charge against you is nonviolent and is less serious rather than more serious in nature.
- The state has a weak case against you.
- You have no prior criminal record.
- You agree to the terms set forth by the state, such as probation, treatment, and fines, or any combination of these.
It’s important to understand that, if you make a plea deal that reduces the felony charge against you to a misdemeanor, you are still pleading guilty. This means that, while the charge against you will be lessened, it can nonetheless affect your record. Depending on the situation at hand, proceeding to trial in focused pursuit of a not guilty verdict may be a better option.
Turning to Georgia’s Misdemeanor Sentencing Rule
Georgia has what’s known as a misdemeanor sentencing rule in place that allows judges, under the right circumstances, to sentence convictions as misdemeanors even when the convictions themselves remain felonies. Related benefits include all the following:
- A reduction in the fines that apply
- A decrease in the jail time that attaches, with the potential of avoiding time behind bars altogether
- Protections that relate to immigration status
- Avoidance of the automatic consequences that come with felony convictions, such as in relation to gun and voting rights
The requirements for qualifying under Georgia’s misdemeanor sentencing rule include being a first-time offender, being charged with a nonviolent crime, and taking responsibility for your actions – such as by showing remorse and pursuing rehabilitation.
Expungement or Post-Conviction Reduction
There are also limited circumstances in which a felony conviction can be reduced to a misdemeanor, and some misdemeanors can be expunged altogether, which refers to restricting access to the associated legal records. There are also certain criminal charges that are considered wobblers, which means they can be charged as either misdemeanors or felonies – depending on the circumstances that apply.
It’s Time to Consult with an Experienced Cumming Criminal Defense Lawyer
The resilient Cumming criminal defense attorneys at Banks, Stubbs & McFarland appreciate the immense impact that reducing a felony charge to a misdemeanor can have on your future, and we will leave no stone unturned in our focused efforts to effect your case’s best possible resolution. Our well-respected legal team is here to help, so please don’t put off reaching out by contacting us online or calling us at 770-887-1209 for more information about what we can do for you today.