What needs to be done to request a violent felony change be reduced to a non violent? 6 Answers as of January 20, 2012
My fiance was charge with a violent felony for criminal possession of fire arms. However, no one was hurt, injured, or put in any danger due to his crime. He has a prior felony that is about 6 years old. How can we request for a change on his felony status? Do we need a lawyer to do it? How long is the process and when will they reduced his sentence time?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereEdward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It is totally up to the prosecution as to whether they will or will not reduce charges. You should hire an attorney to try to negotiate a plea bargain in which the charges get reduced. If unsuccessful you may want to consider going to trial if there are any good defenses.
Answer Applies to: New York
Replied: 1/20/2012
Juliette S. Levin, Attorney at Law | Juliette S. Levin
Possession of a fire arm is automatically considered a violent offense. You should have a lawyer that is representing him of course. As for his sentence I can't answer that question as it Is not clear what you mean.
Answer Applies to: New York
Replied: 1/10/2012
Law Offices of John Carney | John Carney
You should retain a good criminal attorney if you have the money. If not a lawyer will be assigned to represent him. Many times the prosecutor will not reduce gun charges, especially for a convicted felon. He should have known that as a felon he is not allowed to possess a weapon. Any second felony conviction is a mandatory prison sentence and a second violent felony conviction means a definite term of prison time such are 5 years. The courts do not care that he did not use the gun, they only care that he possessed it in violation of the law and was a potential danger to society. A good lawyer may be able to get the charge and sentence reduced.
Answer Applies to: New York
Replied: 1/10/2012
Raiser & Kenniff, PC | Steve Raiser
You can't get it reduced once he has pled guilty and sentenced. You can apply for a violent felony override which will make him eligible for some programs maybe even work release.
Answer Applies to: New York
Replied: 1/10/2012
The Purnell Law Firm | Simon Purnell
A felon in possession of a firearm absolutely needs a lawyer to defend against the charges. You will probably want to get an attorney familiar with both state and federal criminal practice because there is the potential he can get charged in both venues.
Answer Applies to: Texas
Replied: 1/10/2012
Rothstein Law PLLC | Eric Rothstein
Of course you need a lawyer but there is no guarantee the DA will offer a plea to a non-violent felony, especially with a prior felony conviction.
Answer Applies to: New York
Replied: 1/10/2012






