Legal Question in Criminal Law in Florida
Reduce Felony to Misdemeanor
If a person is arrested on a felony charge is it possible to have that charged reduced to a second degree misdemeanor?
Asked on 1/15/03, 1:11 pm
1 Answer from Attorneys
Eric Dirga
Eric J. Dirga, PA
Re: Reduce Felony to Misdemeanor
The charging decision is within the hands of the State for all criminal offenses. The State has the unfettered discretion to charge as they see fit based on the circumstances and evidence of the case. This discretion applies to reductions of charges as well. So it is possible that a felony can be reduced or the charging document amended to reflect a second degree misdemeanor offense.
Answered on 1/15/03, 5:31 pm
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