Can a Felony Be Dropped to a Misdemeanor in North Carolina? 2024

Being arrested for a felony can be terrifying. The potential penalties you may face as a result of a conviction might be enough to completely alter your life for the worse. Sometimes, the charge alone can be enough to cause irreparable damage to your life. Such an arrest and subsequent charges can hurt your personal relationships, your job opportunities, and more. There may be hope. You might ask: Can a felony be dropped to a misdemeanor in North Carolina?

Can a Charge Be Dropped From a Felony to a Misdemeanor?

Yes, in certain situations. When a felony is reduced to a misdemeanor, it is known as a “felony reduction.” It can happen at different stages in your case. It might happen right at the beginning or it might happen during plea bargaining or negotiations . If it does happen, it can be your opportunity to avoid a felony conviction and take a lesser charge. While a misdemeanor charge still gets you a criminal record, the penalties may be less harsh.

Asking Your Lawyer to Seek a Plea Bargain Can Be an Important Step

Plea bargaining is a common way to change felonies to misdemeanors. You would take a plea bargain in an effort to get some sort of reduction on your charges. Plea bargains often happen when the case against you is simply too strong. You would plead to a lower charge for leniency. This would happen after negotiations between your defense lawyer and the district attorney’s office.

Not all felony charges can be lowered to misdemeanors. The more serious the charge, the less of a chance that you could get a reduction. Certain violent felonies are ineligible for a reduction. Additionally, if you have a substantial criminal record, you may not be eligible for a reduction regardless of your charge.

What to Do When You Are Arrested

• Don’t resist. Whatever you do, do not resist arrest. All resisting arrest does is get you additional charges and possibly cause severe injuries. In the end, you will still be arrested, so you might as well come quietly.
• Say nothing. Don’t forget to exercise your constitutional rights. These rights include the right to retain legal counsel and the right to remain silent. You never have to say anything to the police that you don’t want to. If you just want to be silent and simply request an attorney, then you are legally allowed to do that. Police may try to intimidate you into saying something. Don’t fall for it.
• Ask for a lawyer. When you are brought into the station, the only thing you should do is ask for your lawyer. No matter how much the police may try to prevent you from speaking to a lawyer or try to convince you to talk about your alleged crime, you don’t have to say anything. At your first opportunity, contact a lawyer.

FAQs

What Felonies Can Be Expunged?

In North Carolina, only certain felony convictions can be expunged from your criminal record. You can expunge most nonviolent Class H and Class I felonies from your record in an attempt to clean up your past and give your future a stronger chance. These felonies involve possessing stolen goods, larceny, embezzlement, marijuana possession, and breaking into a car. You must wait 10 years from the end of your sentence. You can’t expunge violent felonies.

What Are My Rights if the Police Stop Me?

If the police ever stop you, you have certain constitutional rights that you are allowed to exercise. You have the right to ask why you have been stopped. You have the right to refuse to be searched unless the police have probable cause to search you. When you are arrested, the police have to tell you about your right to remain silent and your right to speak with a lawyer. If they don’t, it can hurt their case against you.

How Does a Felon Get Their Rights Back?

In North Carolina, a felon automatically gets their rights back once his or her sentence has been completed.. This includes the right to vote .

Reach Out to a Criminal Defense Lawyer Today

It can be terrifying to face the reality of a felony, especially if you are doing so alone. An experienced criminal defense lawyer doesn’t just help you fight the charges made against you. They can help you figure out a plan and provide much-needed advice for what you are going through. After all, they handle cases like yours all the time. They can help provide you with some peace of mind.

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we know the most effective way to handle your case and make sure you have strong representation. We can help you build up your defense, gather the evidence you need, and make sure your interests are thoroughly protected. Contact us to schedule a consultation with a valued team member.