A family member has been convicted and is now serving time for a DUI with gross bodily injury. Can the felony ever be dropped to a misdemeanor?
If convicted of a VC 23153, then it is possible to get the charged reduced from a felony to a misdemeanor. Are they serving time in prison, or county jail? Note that in order to get the charge reduced to a misdemeanor and expunged, he would need to have successfully completed the probation for this offense amongst other factors.
One note in addition to the prior correct responses. The offense that your family member has been convicted of, assuming the enhancement of GBI was indeed plead to, is a "Serious" offense under the Three Strikes Law. In other words, your family member has a Strike conviction on his record. Not all attorneys are aware that this offense is a Strike offense. While the law generally states that if a petition for reduction to misdemeanor is granted, the conviction becomes a "misdemeanor for all purposes", there is one exception... Even if in the future the charge is reduced to a misdemeanor, your family member will still have a Strike conviction on his record for the purposes of sentencing in future cases. This matters if your family member is ever charged in the future with another felony case.
Get free answers from experienced attorneys.
24,822 answers this week
2,650 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary