There are three crime categories, each being more serious than the next. Minor infractions are the least serious, with a fine usually being the only punishment. Misdemeanors are slightly more serious, and felonies are the most serious crimes of all. Certain crimes can fall into either the misdemeanor or the felony category, depending on specific details.
Is it a Felony or a Misdemeanor?
Generally, misdemeanor crimes are punishable by less than a year in county jail, but some result in probation and/or fines with no jail time. Felonies, however, are more serious, and can be punished by a minimum of a year in jail. Most states separate felonies into classes, grades or degrees. Capital offenses are usually the most serious, followed by the first, second and third degrees.
Charges Upgraded From Misdemeanors to Felonies
Some criminal offenses can fall into either the felony or the misdemeanor category, based on information specific to the crime. For instance:
In some states, people in possession of less than 30 grams of marijuana are charged with a misdemeanor (if it is the first offense). However, those with prior marijuana possession convictions can face felony charges.
In states like Florida, those charged with DUI (driving under the influence of drugs or alcohol), charges depend on whether the defendant has prior convictions for the same crime, and whether they were involved in an accident resulting in bodily harm.
In some circumstances, prosecutors can charge a defendant with one type of crime, and later upgrade the charges. For instance, if a defendant is involved in a DUI accident with some injuries, they may face misdemeanor charges. However, if an accident victim succumbs to their injuries, charges would be increased to a felony level. Those facing such charges should call for legal advice.
Crimes vary widely in severity, and not every case is the same. Depending on factors such as location and local law, similar crimes could be classed as a felony or a misdemeanor. If you or someone you know has been accused of a crime and you are unsure of the charges you face, a Criminal Defense Attorney in Long Beach can give advice on legal status and rights.
