What is the Difference Between a Misdemeanor and a Felony?

Our office often defends clients accused of offense, that can be classified as either a misdemeanor or a felony. Such an Vanbrouck - Get Unique Home With Designers offense is known as a “wobbler.”

When we advise the client of this term, the client often responds with a puzzled look. This article seeks to explain the classification of crimes and how an attorney can respond to help the client.

When the District Final Cut: Death On The Silver Screen Attorney’s office decides to bring the case as a felony, it is smart to consider whether and how one can reclassify the case as a misdemeanor under Penal Code § 17 (b). In evaluating whether the facts and circumstances of the case allow us to argue for “17 (b) relief,” our clients often ask us the fundamental question of what is the difference between a felony and a misdemeanor.

Most people, from exposure to the news and television, appreciate that a felony is the most serious type of change a prosecutor can bring. Most people are aware that a felony conviction can involve prison or even a sentence of death. Most people also understand that a felony conviction carries with it a stigma that lasts a lifetime. In certain situations under our Three Strikes Law (Penal Code § 667(b) – (j) and 1170.12), a person convicted of three qualifying felonies can Ominous Objects: Trail of Time Collector's Edition be sentenced Ominous Objects: Trail of Time Collector's Edition to life in prison. Many people also understand that after someone completes prison for a felony, the person will be placed on parole for a period of time.

Lastly, the difference between felony probation and summary probation for a misdemeanor is understood by most people. In felony probation, which can last for up to five years, one must periodically meet face to face with Final Cut: Encore a probation officer and possibly submit to random drug testing, whereas in Ominous Objects: Trail of Time Collector's Edition informal, or summary probation, one’s name is merely on a list. Summary probation usually lasts a maximum of Final Cut: Fade To Black three years, with limited exceptions. There are fees associated with formal probation, whereas with summary probation there are no fees charged to the probationer.

A misdemeanor is indeed a much less serious offense than a felony. A misdemeanor is punishable by no more than a year in county jail, however, a case involving How you can bring in personal loans for bad credit convictions for Watch Gossip Girl Season 5, Episode 1 Yes, Then Zero Online For Free multiple misdemeanors may involve more than a year of county jail. Bail in a misdemeanor case, in contrast to bail in a felony case, is relatively low. In addition, a conviction for most Final Cut: Fade To Black Strategy Guide misdemeanors are eligible for expungement, the exception being certain sex offenses as well as several other rarely prosecuted Final Cut: Death On The Silver Screen offenses. After a plea to a misdemeanor, the defendant is assigned to summary probation, usually for two Organic Skin Care, Becoming Popular or three years.

There are many crimes that fit the description of a “wobbler.” Driving under the influence causing injury to others (Vehicle Code § 23153), domestic violence (Penal Code § 273.5), criminal threats (Penal Code § 422) and Grand Theft (Penal Code § 487) are just some of the more common of such crimes.

When a case involves a “wobbler,” it is prudent for the attorney representing defendant to consider filing a Penal Code § 17 (b) motion for reduction of the charges from a felony to a misdemeanor. The circumstances of the crime, the defendant’s criminal history and his or her age are important considerations for the court on ruling on such a motion. The court will also consider the person’s personal history, such as his age, marital status, employment status, volunteer activity (community involvement) and education level.

Greg Hill, a criminal defense attorney in Torrance, California, graduated from the U.S. Naval Academy (Bachelor of Science, 1987), Boston University (M.B.A., 1994) and Loyola Law School (J.D., 1998). Visit his firm’s website is at http://www.greghillassociates.com or call him at (310) 782-2500.