Misdemeanor vs Felony Charges: Understanding the Distinctions
Discover the distinctions between misdemeanor vs felony offenses and the potential consequences that come with each in this in-depth guide.
Introduction
When it comes down to criminal charges in California, there are almost always two ways it can go: misdemeanor vs felony charges. The state’s statutes will determine whether a crime is charged as one or the other based on the circumstances surrounding the crime. And, often, the legal process involved can have a great impact on your rights – and your freedom.
Felonies are often more severe offenses than misdemeanors and often have higher penalties. But let’s take a closer look at the key differences between misdemeanor vs felony charges in California.
What is a Misdemeanor?
A misdemeanor is a common crime that includes things like public intoxication, vandalism, trespassing, petty theft, and even reckless driving. These crimes are usually non-violent in nature. Misdemeanor crimes that include aggravating circumstances may result in heavier penalties. This includes restraining order violations, domestic battery, DUI (without injury), and so forth.
These actions are against the law and can result in criminal charges, but misdemeanors – even once convicted – do not usually include time for incarceration for more than a year. Though most do not lead to confinement at all.
What is a Felony?
Felonies are more serious crimes. They include things like homicide, drug crimes, burglary, attempted murder, fraud, robbery, arson, rape, kidnapping, grand theft, and more. These crimes are both violent and non-violent in nature.
Remember that just because someone has a felony arrest doesn’t mean they will have a felony charge or felony conviction. It is easy to panic when you hear the word felony but when it comes to the arrest, it simply means that the individual is arrested based on the suspicion that they may be involved in a felony crime, but they haven’t yet decided to formally charge them.
Common Penalties for Misdemeanors
As mentioned above, the state of California uses statutes to determine the imposed sentence regardless of what type of case it is. If aggravating circumstances surround the crime, it is possible to increase the punishment or even escalate the case to a felony.
The penalty for misdemeanors in California is typically up to 1 year of jail time and up to a $1,000 fine – or more. Though standard misdemeanors are often punishable by up to 6 months in jail and potentially a fine of up to $1,000.
Common Penalties for Felonies
One of the biggest differences between misdemeanors and felonies involves jail time and fines. Those charged with a felony face over one year in prison and likely fines, too.
The statutes will be followed on how to sentence the convicted. These criminal statutes will determine the time needed to be served and the location (state prison or county jail). Aggravating factors, such as violence or weapon use, usually will result in a greater sentence.
The imprisonment can include time incarcerated and fines of up to $10,000 per felony conviction. At the judge’s discretion, formal felony probation may also be offered to avoid incarceration.
Felony probation typically lasts 3 to 5 years and requires the individual to fulfill certain conditions during this time. For instance, this means meeting with a probation officer every month, community service, drug testing, and paying restitution to the victim of the crime. Again, this is not always an option but is left up to the judge to decide.
Wobbler Crimes in California
Wobbler crimes in California are those that can wobble one way or another. They can either be filed as a felony or a misdemeanor – which means they can come with a hefty penalty or a lighter one. There can be much at stake regarding any charge – especially a wobble crime.
Common wobble crimes in the state include penal codes:
- 243.4: Sexual Battery
- 245(a)(1): Assault with a Deadly Weapon
- 273.5: Corporal Injury to Spouse
- 459: Burglary
At the preliminary hearing, the judge will determine whether or not the case will be charged as a felony or a misdemeanor. Some things often taken into consideration include:
- The defendant’s history
- The severity of the crime
- The strength of the case
- Likelihood of repeated behavior
- Strength of the defendant’s case
Statute of Limitations
A statute of limitation is the timeframe in which someone has to be charged for a crime – from the date the crime occurred. According to statutes, the state of California has one (1) year to file charges against someone for a misdemeanor. And they have three (3) years for a felony.
It is important to note that there are many different types of felonies; for those more serious, the specific statute will allow for more time. When it comes to rape, manslaughter, and murder, there is no limit imposed. These cases can be filed at any time despite the amount of time that has taken place between the crime and the formal charges.
Importance of A Criminal Defense Lawyer
There are some instances where a felony may be able to be reduced to a misdemeanor, reducing the punishment. On the other hand, there are instances where a misdemeanor could have aggravating factors that can move it up to a felony.
It is not uncommon for a criminal defense lawyer to argue on their client’s behalf and change the case’s direction. For instance, an individual charged with one of the wobblers above can go either way – a felony or misdemeanor – based on the judge. After hearing the lawyer’s arguments, the judge may make it the lesser of the two.
What would happen without a criminal defense lawyer? Public defenders can be wonderful, but that isn’t always the case. Most of the time, they have too many things on their plate to dedicate the right amount of attention to each case.
If you want to ensure that you get the fairest sentence for your crime, it is important to have a criminal defense lawyer on your side.
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