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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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If you have felonies in Florida that are misdemeanors in

Customer Question

If you have felonies in Florida that are misdemeanors in north Carolina can they still consider you habitual under north Carolina law
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 3 months ago.

Hi Cherron:

My name is ***** ***** I would be happy to provide general information regarding your question.

For the NC Habitual Felon law, the law dictates that an offense is a "felony" for NC Habitual Felon law purposes if the offense is/was a felony in the state in which their was a plea/finding of guilt.

So this means that if someone has felony convictions in Florida (that are considered misdemeanors in NC), those offenses DO count as felonies in NC.

If you would like to review the law, it can be found here: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_2A.pdf

So, in essence, the answer to your question would be "yes." Because you had convictions in Florida that were felonies, they would count as felonies in NC under the Habitual Felon law, even though they are only misdemeanors in NC.

Unfortunately, sometimes the law is not advantageous to an individual. Please understand that, as an expert here, I am duty bound to give individuals the accurate proposition of the law (as opposed to saying something that may make them "happy") as this is the only way experts here can be of true assistance.

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Expert:  Legal-Kal replied 3 months ago.

I see you have read my response.

I hope the general information provided here has assisted you. If you have questions, you may ask at no additional expense.

If you have no questions based on what I've provided, remember to comply with the terms of service agreed upon by clicking accept and rating the assistance as experts here assist individuals not as a hobby, but as their income, and work on the honor system. Your compliance in this regard will ensure future assistance.

***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Expert:  Legal-Kal replied 3 months ago.

.

Expert:  Legal-Kal replied 3 months ago.

Please remember to comply with the terms of service.