As a criminal lawyer, many clients ask about the difference between misdemeanor and felony charges and how crimes are classified in general. The classification of a criminal charge is extremely important because it directly influences what the penalty will be if a person is convicted. If you are arrested and hire a lawyer immediately, there is a chance that you could be charged with a lesser crime from the beginning, depending on your attorney’s negotiating skills. As a local criminal defense attorney, I always prefer to become involved in negotiations with prosecution as soon as possible.
The least severe classification is an infraction. This is when someone violates a local municipal code or administrative regulation, etc. The most common type of infraction is a driving infraction such as a speeding ticket. In the majority of cases, an infraction comes with a financial penalty only. If you are pulled over, your goal should be to get out of the situation that can be disputed later; rather than fighting with the officer at the scene. That could lead to your prompt arrest and additional charges being brought.
As a criminal lawyer, you can call our office any time you are arrested. If, however, you are charged with a misdemeanor or felony, you need to call immediately. A misdemeanor conviction will typically come with a combination of jail time and a fine. Being convicted of a misdemeanor can cause you to spend time in a local county jail. For example, if you are convicted of drug possession you will probably spend some time in a local jail. If you were convicted of cultivation, you might end up in state prison. Since there are multiple levels of crimes within the misdemeanor classification, it is important to work with an attorney from the beginning so that the charges can be reduced as much as possible. That way, if you are convicted, you will spend the least amount of time in jail.
A felony is a more serious criminal charge. Those that commit a crime such as murder or arson, would be charged with a felony. Similar to a misdemeanor charge, there are categories within felony charges and the penalties are based on those categories. A perfect example is with murder charges. When a murder appears to be premeditated and deliberated, a person would likely be charged with first-degree murder that is punishable by life in prison. If, however, the murder was committed accidentally, such as someone being killed as a result of your driving drunk, a person could be charged with manslaughter.
By working with a criminal lawyer, you may have the opportunity to reduce your sentence or avoid conviction altogether.
