Can a felony be reduced to a misdemeanor in New York?

Asked by: Donavon Barton I  |  Last update: May 23, 2025
Score: 4.4/5 (56 votes)

The defendant can also request that the judge reduce the charge to a misdemeanor at the time of sentencing following a “guilty” verdict or a plea or “guilty” or “no contest.” If the defendant is currently on probation for a “wobbler” felony, the defendant can petition the court to terminate probation early and also ...

What is a felony which may be reduced to a misdemeanor called?

Felony conviction with probation or county jail sentence

You can ask to reduce the conviction to a misdemeanor if the offense is a “wobbler.” (Penal Code section 17(b).) A wobbler is an offense that can be either a felony or misdemeanor.

Can a class D felony be reduced to a misdemeanor in NY?

A Class D felony can carry up to seven years in prison per offense. Often, more serious violent felonies can be reduced to a D non-violent felony. If charged with a D felony – depending on the crime and circumstances surrounding – we may be able to achieve reduction of the D felony charge to a misdemeanor.

How many misdemeanors equal a felony in NY?

In New York, certain repeat misdemeanors or misdemeanors committed against protected classes can lead to felony charges. For instance, a defendant will face a felony charge for a second misdemeanor committed against a family or household member within five years.

Do felonies go away after 7 years in New York?

For a misdemeanor, records will be sealed three years after conviction or release from jail. For a felony, records will be sealed eight years after conviction or release from prison. Individuals must maintain a clean record and be no longer on probation or parole in order to qualify for record sealing.

How to Get Felony Charge Reduced to Misdemeanor

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What is the most common punishment for a felony?

For less serious or first-time felonies, the judge can usually sentence a person to either jail time or probation, instead of prison. However, for violent crimes like murder or aggravated assault, a convicted felon will likely face a lengthy prison sentence.

Can misdemeanors add up to a felony?

Can Misdemeanors Turn Into Felonies? Yes, misdemeanors can turn into felonies for people with a criminal record. Prior convictions on a person's criminal record can turn misdemeanors into felonies. For example, this can happen with repeated domestic violence convictions, shoplifting, or driving under the influence.

How long does a misdemeanor stay on your record in NY?

If you are convicted of a crime before a prior conviction is sealed the time calculation resets based on your most recent conviction. As explained above, the time for a misdemeanor is three years and the time for a felony is eight years. My record should have been sealed.

How bad is a Class D felony in NY?

Class D felonies are the second least serious felonies in New York and can include certain gun possessions and Robbery in the Third Degree and Burglary in the Third Degree. Most Class “D” felonies are considered non-violent.

Can charges be reduced after indictment?

Even after an indictment, if it becomes apparent that there is insufficient evidence to prove the charges beyond a reasonable doubt, the prosecution may choose to drop the charges. This could happen if: Key evidence is ruled inadmissible by the court. Further investigation reveals flaws in the evidence.

How bad is a Class D felony?

Class D felonies are punishable by 2 to 12 years in prison and a $5,000 fine. Extortion, aggravated statutory rape, and vehicular assault are examples of Class D felonies.

How often are felony charges reduced?

Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too.

Can I buy a gun if my felony was reduced to a misdemeanor?

If you are convicted of a charge which is included in the list, you will not be able to own a firearm within the state of California for 10 years after the conviction. This applies even if the charge was originally a felony and was reduced to a misdemeanor.

Can felonies be expunged?

California Law

For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.

What felonies cannot be expunged in NY?

Sex offenses, violent felonies, and serious felonies are not eligible for sealing. HOW LONG DOES IT TAKE TO SEAL A CONVICTION? This is the first time that New York has had a sealing law like this, so the courts cannot provide an estimate yet. WHO CAN SEE THE CONVICTION AFTER ITS BEEN SEALED?

What is the most typical punishment for a first time misdemeanor?

Most first-time misdemeanors do not result in jail time. If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects.

Do misdemeanors show up on background checks?

Often, even seemingly minor crimes can raise a red flag. A background check in California will typically show a misdemeanor conviction. For example, a history of driving under the influence (DUI) can be a sign of things to come and show that a candidate may not be a responsible person.

What is the most common felony misdemeanor?

6 Most Common Examples Of Felonies And Misdemeanors
  • Traffic Violations. These are usually misdemeanors and can include the following: ...
  • Indecent Exposure. ...
  • Theft. ...
  • Drugs. ...
  • Disturbing the Peace. ...
  • Assault. ...
  • Felonies Versus Misdemeanors. ...
  • Do You Need Legal Representation Due to a Misdemeanor or Felony?

What happens when you plead guilty to a misdemeanor?

If you plead guilty or are found guilty, the judge decides your sentence. The judge may decide your sentence at the time you plead guilty or are found guilty, or may schedule sentencing for another day. The judge will ask if there is anything you want to say before the judge decides your sentence.

What's the most harmless felony?

Non-violent felonies can include:
  • White collar crime, which includes fraud, tax crimes, bribery and/or counterfeiting;
  • Property crime including embezzlement, theft, receipt of stolen goods, and/or arson; and/or.
  • Drug and alcohol crimes including public intoxication, drug manufacturing and/or drug distribution.

How to avoid jail time for felony?

5 strategies for lessening or avoiding jail time in felony cases
  1. #1: Negotiating plea bargains. Pleading out can be a strategic move. ...
  2. #2: Rehabilitation and counseling. ...
  3. #3: Character references. ...
  4. #4: Diversion programs. ...
  5. #5: Demonstrating remorse.

How many felonies does the average person commit?

Average American Unknowingly Commits Three Felonies A Day

“Our government can and does target citizens with impunity. In fact, it's been estimated that the average American commits three felonies a day without even knowing it,” says Tolman.