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How Can I Get a Felony Reduced to a Misdemeanor?
A felony conviction can wreak havoc on your life. In addition to the possibility of years in prison and tens of thousands of dollars in fines, you may face severe difficulty getting approved for loans, finding employment, or securing housing with a felony on your record. Seeking legal representation for these cases is highly advisable, as an attorney can look for ways to avoid a conviction or reduce the charge to a misdemeanor.
Effectively fighting a felony charge requires a deep knowledge of the law. At The Law Offices of Matthew R. Gebhardt, P.C., our Waukegan, IL criminal defense lawyer has years of valuable experience, and he has spent a considerable portion of his career as a prosecutor for the Cook County State’s Attorney’s Office.
Exploring Mitigating Circumstances to a Felony Charge
Sometimes, what starts out as a felony charge can be reduced to a misdemeanor charge based on a strong argument and a close review of the facts. For example, unlawful possession of marijuana (720 ILCS 550/4) can be charged as a Class 4 felony if you were accused of possessing more than 100 grams, but anything less than that is a misdemeanor charge (assuming it is your first offense). A defense attorney may be able to dispute how much of the substance really belonged to you, potentially getting the charge reduced.
Offenses that can be charged as either a misdemeanor or felony depending on the circumstances are known as "wobblers." Our firm is ready to fight hard on your behalf in court to push back against a felony charge, seeking the best possible outcome.
Can You Plea Down a Felony Charge to a Misdemeanor?
Agreeing to a plea bargain may be a viable way of getting a felony charge reduced to a misdemeanor. This essentially involves pleading guilty to a crime in exchange for leniency in sentencing. A favorable plea bargain could involve pleading guilty to a lesser offense, protecting you from a felony conviction.
Keep in mind that plea bargains are not a guaranteed way of avoiding felony charges. It involves negotiating directly with the prosecution, and the deal must ultimately be approved by the judge. Our firm can enter negotiations for a plea bargain, exploring all of your options for an optimal sentence.
Pretrial Diversion Programs Can Reduce Felony Charges
For some offenses, defendants may be able to opt into pretrial diversion programs to avoid a conviction. This opportunity may be presented when it would make more sense to rehabilitate the alleged offender instead of moving forward with a punishment. Depending on the program, the defendant may be required to plead guilty to the offense.
Pretrial diversion programs may also require the offender to participate in classes, treatment, community service, or some combination thereof. Adhering to the terms of pretrial diversion is important, as failing to comply could result in a conviction.
Contact a Lake County, IL Criminal Defense Lawyer
If you have been accused of a felony offense, your future may be at stake. At The Law Offices of Matthew R. Gebhardt, P.C., we can go over all of your options to minimize the charges. To schedule a free consultation, call our offices at 847-239-4703 or contact our Waukegan, IL criminal law attorney today.