What is the Difference Between a Felony and a Misdemeanor?
The State of Minnesota categorizes crimes and punishes those crimes based on their severity. A misdemeanor crime is the least serious category and may lead to fines and possible jail time. Gross misdemeanors are more serious than misdemeanors but less significant than felony charges. Gross misdemeanors result in higher fines and lengthier jail sentences than misdemeanors. Felonies are the most serious type of charge a person can get, and they result in steep penalties, such as substantial prison sentences and significant fines.
How Can Sentences be Reduced in Minnesota?
In the legal world, there are several tried-and-true options for reducing a criminal sentence. Each option will be discussed in greater detail below.
Comprehensive Case Review
The first step to reducing a criminal sentence is to review the case with an experienced defense attorney. During the case review, the attorney will closely examine the details of the arrest, evidence, and other mitigating factors influencing the case’s outcome.
If the attorney can identify potential weaknesses in the prosecution’s case and develop a defense strategy, there is a higher chance of a favorable outcome.
Pre-Trial Negotiation
Another effective strategy is to engage in pre-trial negotiations with the prosecution. Negotiation may include pleading guilty to lesser charges or offenses in exchange for a reduced sentence.
Successful negotiation requires an attorney to have a thorough understanding of the legal landscape to secure favorable terms.
Mitigating Evidence
Compelling mitigating evidence can significantly alter the outcome of a case. Mitigating evidence includes demonstrating remorse, participating in rehabilitation programs, or proof of positive character traits.
Diversion Programs
Diversion programs offer an alternative sentencing option and are designed to rehabilitate offenders and reduce recidivism by addressing the root issues, such as substance abuse or mental health disorders.
Post-Conviction Relief
If sentencing has already been set, there may still be options for a sentence reduction. Post-conviction relief includes a wide range of legal tactics such as filing appeals, sentence modification, or petitioning for pardon or clemency.
Sentence Reduction
Certain circumstances may qualify an offender for a sentence reduction with options including early release programs, sentence modifications, or resentencing hearings. Factors that may warrant a sentence reduction include changes in sentencing guidelines, rehabilitation efforts, or good behavior.
Alternative Sentencing Options
A strategic approach to sentence reduction may also include alternative sentencing options, such as participating in rehabilitation programs, community service, or educational courses. Advocating for alternative options that are tailored to the unique circumstances of the case may demonstrate a commitment to rehabilitation while mitigating the impact of criminal charges.
Collaborating with Experienced Criminal Justice Attorney
Close collaboration with an experienced attorney is crucial for a successful outcome. Adams Law Firm, PLLC, will provide invaluable guidance, advocacy, and support throughout the process.
How Can a Felony Be Reduced to a Misdemeanor?
There are several ways to reduce a felony charge to a misdemeanor. Given the unique circumstances of a case, it is important to consult an attorney to discuss which method would be most beneficial.
- Negotiating a plea bargain: An offender may be able to reduce a charge by pleading guilty to a lesser misdemeanor offense through the process of plea bargaining
- Completing a diversion program: Diversion programs are meant to rehabilitate non-violent misdemeanor offenders and assist in getting charges dropped or reduced. However, individuals charged with low-level or non-violent felonies may also be eligible for participation. Requirements for these programs include regular check-ins, random drug testing, remaining law-abiding, and community service.
- Stay of imposition: After conviction of a felony charge, an offender may qualify for a stay of imposition. A stay of imposition requires probation instead of jail time. After completing probation, the charges may be reduced from a felony to a misdemeanor, but this will only occur after probation is complete. Violation of probation terms may result in an imposed sentence as a felony.
- Disputing the prosecution’s argument: If the specific facts of the case warrant felony charges, a skilled attorney may be able to argue those facts and reduce the charges to a misdemeanor.
Can a Reduced Felony be Expunged?
Expungement is the legal process of removing or sealing a criminal record so that it no longer appears in public records. This process assists individuals in finding housing or employment.
A reduced felony charge may be fully expunged when the felony is lowered to a misdemeanor through a stay of imposition or following probation.
The grounds for expungement are as follows:
- Completion of a diversion program for certain drug possession charges.
- Juveniles who were convicted and prosecuted as adults.
- Proceedings resulting in a not guilty verdict, outright dismissal, or other resolution without admission of guilt.
- Successful completion of a Stay of Adjudication or Diversion program without a secondary charge for one year.
- A petty misdemeanor or misdemeanor conviction may be expunged if a new crime has not occurred within two years.
- Gross misdemeanors may be expunged if a new crime has not occurred within three years.
- A felony fifth-degree drug conviction may be expunged if a new crime has not occurred within four years of sentence discharge.
- If a charge was reduced through a stay of imposition from a felony to a misdemeanor through the completion of probation and another crime has not occurred within five years, then the crime may be expunged.
- The status names many felony convictions that may be expunged if a new crime has not occurred within four years.
Do I Need an Attorney?
If you or a loved one have been accused of a felony charge, you need legal representation as soon as possible. At Adams Law Firm, PLLC, I am ready to fight for your rights and your future. Call me today at 651-240-9282 or fill out a contact form for a free consultation.
