Most people know that a felony crime is more serious than a misdemeanor; after all, if you're convicted of a felony, you could lose the right to vote for at least a few years. Unfortunately, few people know much more than that. You don't need a lot of legal experience or have to be a criminal defense lawyer to understand the difference, however. Here's a look at the difference between these two types of convictions, how the charges can affect you, and a few factors you should consider in your criminal defense strategy.
Definition of a Misdemeanor
Generally speaking, misdemeanor crimes are “lesser†acts of wrongdoing. In the U.S., they are normally considered to be punishable with jail time of a year or less. In Michigan, district courts tend to handle misdemeanors, while felonies are restricted to circuit courts. If you have been accused of a felony, however, you do have the right to a preliminary examination in the district court. If you have been accused of a misdemeanor, you don't get this examination and merely go directly to trial.
How the Difference is Determined
It can sometimes be hard to tell why one crime is considered to be a misdemeanor and why another is a felony. For instance, driving while intoxicated in the state of Michigan is considered a misdemeanor, but a third offense renders the crime a felony.
One of the criteria used to determine whether a crime will be considered a felony or a misdemeanor is its effects on society. Therefore, driving under the influence of alcohol or drugs once is considered dangerous but not damaging in the long run, while repeat offenses indicate that you might be a bigger danger to people around you. If it looks as though you may be charged with a felony, your criminal defense lawyer may attempt to argue that you do not actually pose this type of danger.
“Wobbler†Crimes
Some crimes are officially defined neither as felonies or misdemeanors. These “wobbler†charges vary by the specific offense. Whether your criminal defense strategy should be put together for a felony or a misdemeanor will depend on the charging decisions made by the prosecutor and how the judge and jury view the incident. It is possible for some criminal defense teams to convince the court that charges should be reduced. Some of the crimes that fall into this category in Michigan include “three strikes†crimes like drunk or drugged driving, as well as petty theft with prior convictions.
Rights and Felony Conviction
One factor that could be a big issue in your criminal defense is the possible results if you are convicted of a felony. Not only do felonies require a longer jail sentence, but they also reduce your civil rights. In Michigan, anti-felon laws are relatively lenient; you lose your right to vote only as long as you are in jail, and you can hold some public offices after release. Michigan does exclude you from jury service and gun boards for three to five years after completing your sentence. It's a good idea to factor the potential of extra side effects into your criminal defense if you think a felony charge is a possibility.
If you have been accused of a crime and need a criminal defense sterling heights that will fight for your rights. The best thing for you to do is talk to an experienced criminal defense lawyer dearborn to help guide you through the process. Contact the Bloomfield Law Group today and speak with a criminal defense lawyer that wants to help you. |