We often get asked how someone’s felony conviction can be reduced to a misdemeanor. Good news! There are actually multiple ways to get a felony reduced to a misdemeanor.
First, a prosecutor can always agree that they may not have enough evidence to succeed on a felony count. In that instance, they could agree to plead you to a separate misdemeanor.
Now, what if the prosecutor has enough evidence against you to convict you of a Level 6 Felony? There are still a few ways to get that reduced to a Class A Misdemeanor!
Alternative Misdemeanor Sentencing can be agreed upon in a plea agreement up front or the back end of a sentence. If it is given up front, that means that while you are pleading to a crime that would typically be a Level 6 Felony, it can be sentenced as a Class A Misdemeanor starting the date of sentencing. If Alternative Misdemeanor Sentencing is granted on the back end, that means that you must complete your sentence successfully before the conviction will be reduced to a Class A Misdemeanor. This incentives good behavior and provides a great benefit.
Sometimes plea agreements do not mention whether or not someone can receive Alternative Misdemeanor Sentencing. In this instance, you can still get it later! In this scenario, you must compete your sentence and then wait three years to receive the Misdemeanor treatment.
Some Level 6 Felonies are unable to receive the treatment. If your conviction resulted in bodily injury or was of a sexual nature, you may be ineligible for misdemeanor treatment. Furthermore, if you’ve received misdemeanor treatment in the past, it may make it more difficult to get it again.
If you or a loved one are facing a Level 6 Felony case in Indiana and you want to get it reduced to a misdemeanor, please call the experienced attorneys at Banks and Brower LLC at 317-870-0019 to have us help out.
