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NYC Reduce a Felony to a Misdemeanor Lawyers18 Jul 2016

When you’re charged with a felony, it can often be very hard for you to find a job once you’re released from prison. Along with this, you won’t be allowed to vote in any elections or even own a gun. With all of that said, there are certain ways that you can reduce your felony to a misdemeanor, even restore your right to vote and even own a gun. In this post we’re going to look at the specifics of the law so you can figure out what the option for you would be. Let’s start by exploring which felonies can actually be reduced to a misdemeanor charge.

Which felonies can be reduced to a misdemeanor?

The only way to get your felony reduced to a misdemeanor is if your felony is considered to be what’s called a “wobbler.” What a wobbler is is basically a crime that can be charged as either a felony or a misdemeanor, depending on the severity of the crime and the judge’s decision. Unfortunately, crimes that aren’t considered wobblers can’t be reduced to misdemeanors, so your particular charge will have to be one to be eligible for reduction.

Which rights can I expect to have restored by getting my felony reduced to a misdemeanor?

There are a few rights you have that are taken away once you’re charged with a felony. Among them are the right to not have to tell employers you were convicted of a felony, the right to serve on a jury, or to own a gun, the right to vote in elections, and even the right to hold certain licenses in your professional field. While not all of these rights will be restored once you have your felony charge reduced to a misdemeanor, the reduction will restore your right to own a gun, to vote, and maybe even your right to hold a license in a professional setting. Along with this, you’ll then be allowed to state on job applications that you haven’t been convicted of a felony before.

What are some of the factors that go into the court’s determination?

The court tends to look at a few things when figuring out whether to reduce your felony to a misdemeanor, most important of which is the nature and severity of your crime. Another factor is how you behaved while under court supervision or on probation. Your prior criminal record will come into effect, as will any other aggravating or mitigating factors as might apply in your particular case.

Will some penalties remain once the felony charge is reduced to a misdemeanor charge?

The good news is that once your felony is reduced to a misdemeanor, it will be treated as if it were a misdemeanor the entire time. Even so, there are a couple of penalties from that initial felony conviction that will stay with you. As an example, a serious violent charge will still count as one strike in regards to any applicable three strikes laws. Also, if you were required to register as a sex offender, that registration status will still remain even if your charge is reduced to a misdemeanor.

While this isn’t an exhaustive list of factors that you can expect to find when dealing with reducing your felony to a misdemeanor, these items will begin to give you an idea as to the ways in which you can expect to get that charge reduced. As always, you can reach out to us for any legal needs at your earliest convenience to get your legal problems settled.

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