A crime can either be classified as a misdemeanor or a felony, depending on how serious the offense is. Misdemeanors are less serious than felonies and carry lighter penalties. Typically, such penalties may include less than a year in jail, community service, fines, rehabilitation and/or probation. Felonies, on the other hand, come with at least a year (and sometimes decades or even a lifetime) in prison. Legal procedures also differ between felonies and misdemeanors. With a misdemeanor, you will appear before the judge, but you won’t face a jury. With a felony, you will have to appear at an indictment or preliminary trial, and then potentially face a jury trial. A misdemeanor is a criminal offense that is less serious than a felony and more serious than an infraction. Misdemeanors are generally punishable by a fine and incarceration in a local county jail, unlike infractions which impose no jail time. Many jurisdictions separate misdemeanors into three classes: high or gross misdemeanors, ordinary misdemeanors, and petty misdemeanors. Petty misdemeanors usually contemplate a jail sentence of less than six months and a fine of $500 or less. The punishment prescribed for gross misdemeanors is greater than that prescribed for ordinary misdemeanors and less than that prescribed for felonies, which customarily impose state prison. Flexible Treatment of Misdemeanors Consequences of Misdemeanors Felony There are several factors that can influence the sentence for a felony conviction. Such factors can work both ways. For example, a judge may be more lenient when issuing a punishment for a first-time offender; especially, if the felony was a non-violent crime. In contrast, the judge will most likely not reduce a sentence if the defendant is a repeat offender and the felony committed resulted in serious harm to another person. A sentence can also be reduced if the defendant raises a successful defense. For instance, if the defendant is charged with felony assault, but the victim knowingly consented to the act, then the defendant can assert consent as a defense and may potentially get their sentence reduced. The laws of a state and the type of crime committed can also affect the sentencing a defendant receives. For example, there are certain crimes known as “wobblers” that can be charged as either a felony or a misdemeanor. Which way the charges end up falling will depend on whether specific factors were present during commission of the crime. Felon Criminal Law LawyerWhen you need a Felony or Misdemeanor Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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