REDUCING A FELONY TO A MISDEMEANOR
Can a felony conviction be reduced to a misdemeanor?
- Yes, certain types of felonies can be reduced to misdemeanors.
- What will a reduction from a felony to a misdemeanor do for me?
- Once declared a misdemeanor, the crime will be considered a misdemeanor "for all purposes." There are certain exceptions see below.
- A reduction from a felony to a misdemeanor prevents the prosecution from using the felony in a later arising event requiring a felony conviction, such as a felon-in-possession of a firearm offense.
- What will a reduction from a felony not do for me?
- If the conviction was a strike under the Three Strikes Law it will remain a strike unless the reduction to a misdemeanor occurred at the time of the initial sentencing
- The federal government can still consider the conviction a felony for purposes of its federal gun statutes.
- When can I request a felony be reduced to a misdemeanor?
- While on probation.
- After probation has expired.
- After an expungement has occurred.