Reducing a Felony to a Misdemeanor – 4 Ways to Do It
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Reducing a Felony to a Misdemeanor – 4 Ways to Do It
1. Negotiating a Plea Bargain
One of the most common ways to get a felony reduced is through a plea bargain. This is where our attorneys negotiate with the prosecutor to have you plead guilty to a lesser misdemeanor charge in exchange for the felony charge being dropped. Why would a prosecutor agree to this? There are a few reasons:
- They may not have a strong enough case for a felony conviction
- It saves them the time and resources of going to trial
- You agree to plead guilty, giving them a “win”
Our attorneys are skilled negotiators who know how to leverage these factors to get you the best deal possible. We’ll carefully review the evidence against you and identify any weaknesses in the prosecution’s case. Then we’ll use our rapport with the prosecutors to negotiate a favorable plea bargain on your behalf.
2. Arguing for Pretrial Diversion
In some cases, we may be able to get your felony charge dismissed entirely through a pretrial diversion program. These programs allow certain defendants to complete requirements like community service, restitution, or rehabilitation instead of facing conviction and sentencing.Not everyone is eligible for pretrial diversion. Typically, it’s reserved for first-time or low-level offenders. The specific requirements and availability also vary by jurisdiction. But if you do qualify, pretrial diversion can be an excellent way to avoid a felony conviction altogether.Our attorneys will carefully assess your case to determine if you may be eligible for a diversion program. If so, we’ll gather evidence and make a compelling argument to the judge as to why you deserve this second chance. With our help, you may be able to get your felony charge dismissed and move on with your life.
3. Filing a Penal Code 17(b) Motion
Even if you’ve already been convicted of a felony, you may still have a chance to get it reduced to a misdemeanor. Under California Penal Code 17(b), defendants can petition the court to reduce certain felony convictions to misdemeanors. This is done by filing what’s known as a 17(b) motion.Not all felonies are eligible for reduction under 17(b). The crime must be what’s called a “wobbler” – an offense that can be charged as either a felony or misdemeanor. Common wobbler offenses include:
- Grand theft
- Forgery
- Assault with a deadly weapon
- Burglary
To have your felony reduced under 17(b), you’ll need to demonstrate that you’ve been rehabilitated and are no longer a threat to society. Factors the judge will consider include:
- Your criminal history
- The severity of the offense
- Your behavior while on probation
- Evidence of rehabilitation (counseling, education, employment, etc.)
Our attorneys have extensive experience filing successful 17(b) motions. We know what judges are looking for and how to compile the strongest possible case for reduction. We’ll gather compelling evidence and testimony to show that you deserve a second chance.
4. Challenging the Felony Elements
Finally, in some cases it may be possible to get your charge reduced by challenging the specific elements that make it a felony. Certain crimes can be charged as either a misdemeanor or felony depending on the circumstances. For example:
- Theft is a misdemeanor if the value is $950 or less, but a felony if more than $950
- Domestic violence is a misdemeanor if no injury occurs, but a felony if there is corporal injury
- DUI is a misdemeanor for a first offense, but a felony if someone is injured
In these cases, our attorneys will closely examine the evidence to determine if the prosecution can really prove the felony elements. We may be able to get the charge reduced to a misdemeanor by showing that the amount stolen was less than $950, the alleged victim wasn’t actually injured, or you didn’t cause the accident. By poking holes in the felony case, we can often negotiate a reduction.
Why Hiring Spodek Law Group is Essential
As you can see, getting a felony reduced to a misdemeanor is far from a simple process. It takes skill, experience, and extensive knowledge of the law. That’s why hiring a qualified attorney is so critical. At Spodek Law Group, we have decades of experience helping clients in your exact situation. We know the ins-and-outs of the system and how to build the strongest possible case for reduction.When you hire us, you can expect:
- A free and confidential consultation to discuss your case
- A dedicated attorney who will be by your side every step of the way
- Aggressive negotiation with prosecutors to get you the best outcome
- Thorough investigation and evidence gathering to support your case
- Skilled motion practice and courtroom advocacy
- Honest and direct communication to keep you informed
Most importantly, you can expect a team that truly cares about you and your future. We understand what’s at stake and we’ll fight tirelessly to protect your rights and freedom. Don’t risk your future by going it alone. Contact Spodek Law Group today at 212-300-5196 or visit us online at https://www.federallawyers.com. Let us put our experience and dedication to work for you.