Can Class 6 Felonies Be Argued Down to Misdemeanors?

Most people never commit a serious felony in their life and don’t end up experiencing severe legal or financial troubles as a result. Unfortunately, some people may commit and get convicted of a class 6 felony, a crime that may stay on their record for years and cause troubles in various ways. Others may get extended sentences unless they take the time to reduce the severity of this crime to a misdemeanor.

What are Class 6 Felonies?

Class 6 felonies are the most minor types of felony crimes a person can commit. They are usually prosecuted at the minimum felony sentence and often result in probation for many people who commit them. Probation is the most likely situation for first-time offenders. Those on probation must avoid serious offenses, or they may end up charged with a much more severe felony as a result.

Each state in the country defines class 6 felonies slightly differently. Some might charge an individual with a higher felony type than other states for the same offense. As a result, it is crucial to understand the different rules that dictate this rating throughout each state. And it is also vital to have a good idea of a few other offenses that may qualify as class 6, including things like:

  • Possessing a small amount (usually two ounces) of an illicit substance
  • Gambling online when this activity is not allowed in a state
  • Getting a stolen firearm from someone (mainly if you know it was stolen)
  • Handling a weapon like a gun or a knife with improper care or recklessness

Penalties for such felonies will also vary on a state-by-state basis. Some will charge 1-5 years for a class 6 conviction, while others may charge between $2,500-$50,000 for certain crimes. However, some people may find themselves getting an extended sentence in some cases, even for a class 6 felonies. As a result, it is essential to know whether or not these felonies can be reduced in severity.

Can These Felonies Be Decreased?

Class 6 felonies are among the most accessible types to argue down to misdemeanors due to their relative lack of severity. While they are still considered a serious crime, it is possible to avoid a criminal record by using a myriad of different arguments against a felony case, including situations as diverse as:

  • Mitigating Circumstances – Judges may decrease the severity of this crime if a person was not aware they committed it, i.e., if they received a stolen gun by accident.
  • First-Time Offenses – Many judges will go more leniently on somebody who has committed just one offense, allowing class 6 felonies to be reclassified as class 1 misdemeanors.
  • Defense Situations – When people commit class 6 felonies in self-defense (such as recklessly handling a firearm), some judges may decrease their offense to a misdemeanor or dismiss the case.

While class 6 felonies are more manageable to argue down to misdemeanors than other types of felonies, that doesn’t mean an individual has an open and shut case. There are many situations in which judges will refuse these explanations, even if they are valid, and want to prosecute someone for a felony anyway.

Work With a Lawyer on This Process

If you find yourself facing this type of conviction or crime and want to avoid long-term consequences, you should talk to an attorney right away to see what you can do to prevent this concern. Many people will find that it is surprisingly simple to argue class 6 felonies down to class 1 misdemeanors. However, the possibility will vary on a state-by-state and judge-by-judge basis.

Spread the love