Facing a felony charge in Washington State can be overwhelming, but in some cases, it may be possible to have the charge reduced to a misdemeanor. This process, known as “felony reduction” or “reclassification,” can significantly impact sentencing, employment opportunities, and overall legal consequences. Here’s what you need to know about reducing a felony to a misdemeanor in Washington.

How Can a Felony Be Reduced?

Under Washington law, certain felony offenses may be eligible for reduction through different legal avenues. One common method is plea negotiations, where a defense attorney works with the prosecutor to amend the charge to a lesser offense. In some cases, judges also have discretion at sentencing to impose a misdemeanor sentence, depending on the nature of the crime and mitigating circumstances. Additionally, after sentencing, individuals who have successfully completed probation and met all court-ordered conditions may petition the court for reclassification of the felony to a misdemeanor.

Eligibility for Felony Reduction

Not all felonies qualify for reduction, but several factors influence eligibility. The severity of the original offense plays a major role, with Class C felonies being the most likely candidates for reduction. A defendant’s criminal history is also considered, as those with prior convictions may face challenges in securing a reduction. Completing all sentencing requirements, including probation, restitution, and fines, is another key factor. The nature of the crime also matters—non-violent offenses and first-time offenders often have a stronger case for reduction.

Washington’s Specific Statutes for Felony Reduction

Washington has specific laws that govern felony reductions. Under RCW 9.94A.535, certain Class C felonies may be reduced to gross misdemeanors. Some defendants may also benefit from deferred sentencing agreements, where successful completion of court-ordered conditions can lead to a reduction. Additionally, RCW 9.94A.640 allows individuals to seek to have their conviction vacated once their felony is reduced, ensuring it no longer appears on most background checks.

Common Felonies That May Be Reduced

Some of the most frequently reduced felonies in Washington include drug possession charges, particularly under recent legal reforms. Certain theft offenses and non-violent property crimes are also common candidates. In some cases, first-time felony DUI offenses may be reduced under specific plea agreements.

How to Petition for a Felony Reduction

The process for requesting a felony reduction involves several steps. First, consulting with an experienced criminal defense attorney is crucial to determine eligibility. Next, a formal motion must be filed with the court, requesting reclassification. Supporting evidence, such as proof of rehabilitation and compliance with court orders, strengthens the case. Finally, the court will hold a hearing where a judge will decide whether to grant the request.

Benefits of Felony Reduction

Having a felony reduced to a misdemeanor provides several important benefits. It can restore certain civil rights, such as voting and firearm ownership, depending on the offense. Employment opportunities often improve, as many employers hesitate to hire individuals with felony records. Housing options also expand, since landlords frequently conduct background checks. Additionally, reducing a felony eliminates certain penalties, including restrictions on professional licenses and financial aid eligibility.

If you or someone you know is looking to have a felony reduced to a misdemeanor in Washington, consulting with a skilled defense attorney is essential. Every case is unique, and a legal professional can evaluate the best course of action based on specific circumstances.

At The Law Office of Erin Bradley McAleer, we specialize in felony reductions and post-conviction relief. Contact us today to explore your legal options and take the first step toward clearing your record.