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  1. #1
    Join Date
    May 2009
    Posts
    12

    Default How to Reduce a Felony to a Misdemeanor

    My question involves criminal law for the state of: FLORIDA

    Has anyone reduced a Felony to a Misdemeanor after sentencing has been issued and you have completed everything that has been asked of you by the courts?

    I have a first time Felony charge for Aggravated Assault (Adjudication Withheld) on my record that is about 4 years old now that I'd lke to have reduced to a Misdemeanor so I can eventually expunge this from my record. I know they allow you to do this in California but I'm not sure about Florida. Can anyone tell me the steps I need to take to start this process? PLEASE, if there's anyone that can shed some light on this for me I would greatly appreciate it.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,925

    Default Re: How to Reduce a Felony to a Misdemeanor

    Adjudication was withheld - so you're stating that you have no conviction?

    The issue here would not actually be that you were charged with a felony, but that aggravated assault is one of the statutorily enumerated felonies that cannot be expunged?

    I am skeptical that you're going to be able to get the relief you want.

  3. #3
    Join Date
    Dec 2010
    Location
    The Law Office of Garry L. Potts 13575 58th Street North, Suite 126, Clearwater, Florida 33760 Telep
    Posts
    28

    Default Re: How to Reduce a Felony to a Misdemeanor

    After four years there is no legal basis for reducing that charge. The only way would be for the prosecutor and judge to basically agree to do you a favor and dismiss it and allow you to plead to a lesser charge. That would be outside of the law and rules and would be a highly unusual event. It won't hurt for you to consult a few criminal defense attorneys in your area about their thoughts on the chances of that happening, but be prepared for them to tell you the chances are nearly impossible.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: How to Reduce a Felony to a Misdemeanor

    Would you not agree that the court no longer would have any jurisdiction to do anything. There certainly is no post conviction relief available. He does not say if he was convicted or plead. At this late date though, it would hardly seem to matter.

    I would like to know how anyone could get "adjudication withheld" on a violent felony. I have seen that only happen with traffic offenses. However if that was true, there doesn't seem to be any point in trying to get it reduced to a misdemeanor at this late date, even if it was possible. It is not possible under any procedure I am aware of.

    I have never heard of any Florida procedure to get a felony reduced years after the fact.

    Of course, this would be a very specialized trick of law so some indepth research of attorneys in Florida would be required in my view. As Attorney Potts says, consult a few criminal defense lawyers.

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